Court overturns decision in long jump spinal injury case
When children are injured at school, parents expect answers — and accountability. In the recent NSW Court of Appeal decision Stanberg v State of New South Wales [2025] NSWCA 127, the Court found that a public primary school breached its duty of care to a student who was seriously injured during a long jump event. The case highlights the real-world consequences of school negligence.
The background: long jump gone wrong
In July 2019, 11-year-old Addison Stanberg was participating in a school sports trial at Neutral Bay Public School. On his fifth or sixth jump, Addison felt his feet hit a hard surface under the sand in the long jump pit. He fell backwards and experienced immediate back pain. He was later diagnosed with a permanent spinal injury.
Addison’s mother brought a school negligence claim on his behalf against the State of NSW (Department of Education). He argued that the school failed to take reasonable safety precautions — such as ensuring the long jump pit contained enough properly raked sand — to prevent foreseeable harm.
Trial court dismisses the claim
The District Court dismissed the claim, accepting the school’s evidence that the sand pit was safe and supervised. The judge also incorrectly assumed the pit was lined with “Softfall” material. The school was found to have acted reasonably — despite Addison’s injury.
Successful appeal: school failed in its duty
The NSW Court of Appeal overturned that decision, identifying several critical errors:
- There was no evidence the pit contained any Softfall material.
- Addison’s uncontested evidence that his feet struck a hard surface was compelling.
- Sand was not raked between every jump, contrary to recognised safety guidelines.
- The risk of injury was foreseeable, and the school’s failure to take basic precautions amounted to school negligence.
The Court found the school’s precautions were minimal and inadequate, particularly given the large number of students jumping that day. It concluded the school had breached its non-delegable duty of care, and that this failure directly contributed to Addison’s injuries.
Compensation awarded: $276,500
The Court awarded Addison a total of $276,500, including:
- $250,000 for future economic loss (recognising long-term impact on his ability to work)
- $26,500 for non-economic loss (pain and suffering)
This award reflects both the seriousness of Addison’s injury and the court’s view that school negligence caused harm that could have been prevented with simple, low-cost safety measures.
What this means for parents and schools
This case is a reminder that schools must take reasonable precautions during physical activities, particularly where children are at risk of injury. The cost of failing to do so — in both human and legal terms — can be significant.
If your child has been injured at school and you suspect school negligence, it’s important to get timely legal advice. You may have grounds for a compensation claim against the school or education department.
Concerned about a school injury?
Contact our experienced personal injury team to discuss your child’s rights under NSW law.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.
