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楼主:wwwgjhxx

女儿在学校摔断了腿,我们可以向学校索赔吗? [复制链接]

发表于 2008-7-30 21:10 |显示全部楼层
此文章由 西关少爷 原创或转贴,不代表本站立场和观点,版权归 oursteps.com.au 和作者 西关少爷 所有!转贴必须注明作者、出处和本声明,并保持内容完整
原帖由 wwwgjhxx 于 2008-7-30 21:08 发表
感谢楼上各位的回答!看来我还是最好先打电话问问学校,确定一下是否有相关规定。
我们是457签证来澳洲的,所以我们没有medicare,老公的公司给买的medibank保险。不知道这次要花多少钱了。。。。。。

in that case, you need to claim.
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退役斑竹 2007 年度奖章获得者 2009年度奖章获得者

发表于 2008-7-30 21:11 |显示全部楼层

回复 26# 的帖子

此文章由 休 原创或转贴,不代表本站立场和观点,版权归 oursteps.com.au 和作者 休 所有!转贴必须注明作者、出处和本声明,并保持内容完整
请问你要告学校什么理由?要求什么赔偿?
这是一个关于Duty of care问题
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a reasonable standard of care while performing any acts that could foreseeably harm others. In order to proceed with an action in negligence, the plaintiff must be able to articulate a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability in tort.
只要器械达到安全标准,你告学校什么.

发表于 2008-7-30 21:11 |显示全部楼层
此文章由 Ausbear 原创或转贴,不代表本站立场和观点,版权归 oursteps.com.au 和作者 Ausbear 所有!转贴必须注明作者、出处和本声明,并保持内容完整
不能光找学校,他们肯定想推卸责任。
一定要咨询injury 的专业律师,一般是打不赢不收钱。

发表于 2008-7-30 21:16 |显示全部楼层
此文章由 西关少爷 原创或转贴,不代表本站立场和观点,版权归 oursteps.com.au 和作者 西关少爷 所有!转贴必须注明作者、出处和本声明,并保持内容完整
原帖由 Ausbear 于 2008-7-30 21:11 发表
不能光找学校,他们肯定想推卸责任。
一定要咨询injury 的专业律师,一般是打不赢不收钱。

not really, normally the school accepts liability with no dramas.

发表于 2008-7-30 21:16 |显示全部楼层
此文章由 Ausbear 原创或转贴,不代表本站立场和观点,版权归 oursteps.com.au 和作者 Ausbear 所有!转贴必须注明作者、出处和本声明,并保持内容完整
不是告学校,只是claim 保险,学校应该买了这种保险。
对学校反面我不太了解,但你如果在公司受伤,一定能claim 保险,不管责任在谁。

发表于 2008-7-30 21:20 |显示全部楼层
此文章由 Ausbear 原创或转贴,不代表本站立场和观点,版权归 oursteps.com.au 和作者 Ausbear 所有!转贴必须注明作者、出处和本声明,并保持内容完整
原帖由 西关少爷 于 2008-7-30 21:16 发表

not really, normally the school accepts liability with no dramas.


先到警察局登记,保留医生记录,

ask school first, if they say no, then 找律师。
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发表于 2008-7-30 21:23 |显示全部楼层
此文章由 Ausbear 原创或转贴,不代表本站立场和观点,版权归 oursteps.com.au 和作者 Ausbear 所有!转贴必须注明作者、出处和本声明,并保持内容完整
Public Liability Law: Public Liability Insurance Public Liability Claims & Compensation
Public liability insurance protects individuals, businesses and organisations against the financial risk of legal liability to third parties for death or injury, loss or damage to property, or ‘pure economic’ loss.

The situations where such liability can arise are many and varied. In certain circumstances, you may be able to bring a Public Liability Claim for damages notwithstanding the fact that you may also have the right to claim Workers Compensation benefits. For example; your employer sends you from you place of work to the supermarket to buy lunch for the staff and while at the supermarket you suffer a slip and fall injury.

Therefore, if you have been injured in a public place or on certain private properties (even your own home, if faulty workmanship is responsible) due to the fault of another person, you may also be entitled to claim compensation under public liability law. To do this, you must be able to prove negligence on the part of the defendant.


Public Liability Law
Public liability laws cover a wide variety of circumstances where a person may suffer injury or death due to another person's negligence or failure to take a reasonable amount of care – that is, when someone breaches a ‘duty of care’. This stresses the need for experienced legal representation – at Teakle Ormsby Conn, we have managed claims of this nature for over 50 years.

Public liability laws provide a safety net for those injured in circumstances beyond their control. This includes personal injury (physical and mental), property damage and economic loss. However, public liability laws may also provide compensation to those covered by the following Australian systems:

    * Workers' Compensation
    * Compulsory Third Party (CTP) Green Slips
    * Medical Indemnity Insurance
    * Professional Indemnity Insurance
    * Property Insurance
    * Builders Warranty
    * Product Liability
    * Product Guarantee
    * Personal Accident
    * Health Insurance
    * Medicare

Public liability laws vary from state to state in Australia, so contact Teakle Ormsby Conn to get the facts. Within each state, there are different methods to establish a case for public liability compensation.

Examples of public liability claims include:

    * Slips or falls
    * School (including playground), College & University Accidents
    * Recreational & Amusement Park Accidents
    * Sporting Accidents (including diving accidents)
    * Domestic Accidents
    * Aviation Accidents
    * Food Poisoning
    * Animal Attacks
    * Product liability / Defective Products
    * Physical or Sexual Assaults


Public Liability & Product Liability
Product liability is a subset of public liability and addresses claims for injuries suffered due to deficient and/or unsafe products - regardless of who purchased the product in question. Quite often, public liability claims are determined under the Trade Practices Act and again, you will need an expert in public liability law, Teakle Ormsby Conn to advise you on this.


What does Public Liability Compensation Cover?
As Australia’s public liability laws have changed greatly in the past decade, it is pertinent to seek independent legal advice if you have sustained an injury. For example, people can no longer receive compensation for certain mental anguish (such as pain and suffering) unless the injury sustained is of a serious nature. The ways in which the courts assess the seriousness of an injury and associated compensation has been addressed with an ‘injury threshold’ (for each state’s public liability claims) that directly affects your entitlement to compensation and the amounts payable.
Do I have a Public Liability Claim? What do I need to do?

Most importantly, you have to report the accident to the correct authorities as soon as possible (including the Police and the person or institution involved). Be sure to advise the hospital or doctor treating you about the nature of your injury (how, where and who) and to seek independent legal advice regarding the assessment of public liability claims in your state.

Teakle Ormsby Conn’s public liability lawyers are experts in the fields of personal injury, public liability claims and insurance litigation. Our public liability lawyers have years of experience and can advise you as to whether or not you are eligible to lodge a public liability claim, and the amounts of compensation you can expect to receive. At Teakle Ormsby Conn, we understand the added pressures of dealing with third parties and can guide you through the process to assess your injuries in order to claim the fairest possible compensation for your public liability claim.

For more information on public liability claims, please contact Teakle Ormsy Conn for the facts.


How much will it cost to see a public liability lawyer?
At Teakle Ormsby Conn, we can offer a no win, no fee arrangement for certain personal injury, motor vehicle accident, public liability claims or medical negligence claims. Please see our ‘What will it cost?’ page for more details on the cost of retaining a public liability lawyer or contact us to arrange a free initial consultation.


How Long Do Public Liability Claims Take?
No claim can be commenced until such time as your injuries have stabilised. We want to see you ASAP after the accident to initiate a thorough investigation into the cause of the accident and also to obtain preliminary medical evidence. We are here to advise you and help get you back on your feet until we are ready to commence proceedings.

It can take up to two months to investigate your public liability claim and around nine to twelve months to receive a decision from the courts. However, with Teakle Ormsby Conn’s years of experience, many of our public liability claims are settled out of court prior to the commencement of legal proceedings.


What can I do to help with my Public Liability claim?
You will need to participate in medical assessments with your doctors, plus the doctors from the institution you are suing (usually 2-5, but can be more). Subsequently, Teakle Ormsby Conn’s public liability lawyers have as many consultations with you as necessary to ensure the correct amount of compensation can be won for your claim.


Public Liability Compensation - What am I Entitled To?
Although slightly different in each state, the amount of compensation you can claim under public liability law relates to the severity of your injury/injuries and can include:

·         Lump sum compensation payment for pain and suffering, determined on a sliding scale up to $427,000 (indexed from time to time – sometimes annual)

·         Medical expenses for past, present and future treatment

·         Past, present and future loss of wages/superannuation

·         If applicable, past, present and future care

·         Miscellaneous expenses (e.g. wheelchair/motorised transport, home modification)


What Documentation will Teakle Ormsby Conn’s Public Liability Lawyers Need From Me?
·         Photographs of the scene of the accident

·         Any documentation between the person/company/organisation involved in your injury.

·         Any documented, photographed or x-rayed evidence of the injury

·         Your Medicare/private health insurance information

·         Contact details for any witnesses to the injury/injuries

·         The address of where your injury occurred


Public Liability, Personal Injury or Workers’ Compensation Claim?
Example 1: A road accident is usually a motor vehicle accident claim, unless the accident was caused by the nature of the road itself (e.g. poor signage, loose gravel etc). In this instance, a public liability claim would also be lodged in addition to a motor vehicle accident claim.

Example 2: If you sustain an injury at work that is not your employer’s or your fault, you may have a public liability claim as well as a Workers’ Compensation claim. For this reason, contact an expert in public liability law, Teakle Ormsby Conn, to get the facts.

To receive the maximum settlement for your public liability claim, contact Teakle Ormsby Conn today

发表于 2008-7-30 21:24 |显示全部楼层
此文章由 西关少爷 原创或转贴,不代表本站立场和观点,版权归 oursteps.com.au 和作者 西关少爷 所有!转贴必须注明作者、出处和本声明,并保持内容完整
the school won't deny your cliam. if any objection, that would be insurance company. I don't think the insuer would reject your cliam anyway.  so go for it.

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