$440K Settlement After PE Class Injury

At the time she sustained injury, the Plaintiff was 11 years old and enrolled in Year 5 at a New South Wales Primary School. In October 2020, the Plaintiff was participating in a physical education class at her School. The School had enlisted the assistance of an external sporting company to provide and supervise those physical education classes.

The external sporting company had arranged a circuit of activities for the children. The children were split into groups of around 4-5 pupils.

One of those activities involved a ball catapult mechanism. During that specific activity, the Plaintiff was struck in her right eye and the right side of her face with a piece of the equipment (“the incident”). The equipment was not faulty, but was arguably not suitable equipment for primary aged children.

As a result, the Plaintiff sustained immediate injuries to her right eye and face, both of which were treated conservatively. Approximately six months after the incident, the Plaintiff experienced a change in the vision of her right eye, including a loss of peripheral vision and blurriness. She underwent surgery to remedy her diagnosed retinal detachment. The Plaintiff now requires a contact lens in her right eye, and is at risk of requiring future surgery.

The matter was brought before the District Court, against the School and also, against the external sporting company.

The parties attended Mediation and were able to resolve the matter a few months prior to the scheduled final Hearing. This resulted in a settlement sum of $440,000.00 inclusive of costs.

Date of Injury: October 2020.

Date of Settlement: April 2025.

Total Settlement: $440,000.00 (inclusive of costs).

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