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ARTICLE · 09 OCTOBER 2012

Excursions: Schools should check Insurances

A school can be vicariously liable for the negligent actions of independent contractors if it has entrusted its students.

AustraliaInsurance

Summary - Schools should check insurances of third party service providers before excursions or sporting activities.

We have previously discussed the case of Harris. But to recap, Mr Harris sustained a back injury in the course of a school excursion to the snow. Students who were "beginners" were placed in learn to ski classes which were conducted by ski instructors employed by Perisher Blue at Smiggins Hole. The teachers from the school took no part in supervising the classes. Mr Harris was a beginner. He sustained a back injury when he lost control going over a mound while descending a gentle slope, during the learn to ski class. He landed in a ditch.

Mr Harris sued the school and later joined Perisher Blue. He succeeded in establishing that it was negligent to conduct a beginners' class in an area where there was a mound and a ditch.

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