The Legal Light Justin Stack Student gets $276,500 "buffer" payment for long jump injury The NSW Court of Appeal has awarded $276,500 in damages to a student who was injured during a long jump competition at school, including an award for future economic loss damages in the form of a "buffer" payment of $250,000. After a six-year legal battle, the court found the government had breached its duty of care to an 11-year-old boy who was badly injured during a long jump competition in the sandpit of his public primary school. The boy described his feet hitting a hard surface below the sand before he fell backwards and immediately felt significant pain in his back. The court heard the boy, now aged 17, still suffers back pain. Taylor Kennedy, personal injury lawyer at Stacks Law Firm, said the case shows how courts can award a "buffer" against future economic loss when future earnings are difficult to determine. At the centre of the case was whether the NSW government breached its duty of care to the boy by failing to ensure there was sufficient sand to act as a cushion in the area where the boy's feet landed. "On his fifth or sixth jump, the boy's feet hit a hard surface beneath the sand and he fell backwards, experiencing immediate back pain which continues to this day", Ms Kennedy said. His claim for future economic loss damages was dismissed by the Supreme Court, where the judge accepted evidence given by teachers that adequate precautions had been taken. Ms Kennedy said this was challenged in the Court of Appeal, where it was held that the sand had only been raked after every two or three jumps, rather than after every jump, as recommended in safety information published by Little Athletics Australia. The court found that if there had been adequate sand in the landing area, it was "more probable than not" that the child's feet would not have hit the hard surface. "The school had breached its duty of care and the court awarded a 'buffer' amount of $250,000 for future economic loss, as back problems could inhibit the boy from working some jobs. Another $26,500 was awarded for non-economic loss," Ms Kennedy said. A "buffer" refers to an amount of damages awarded where an injured person's future earning capacity has unquestionably been affected, but its extent is difficult to calculate. This might include an inability to work in certain jobs, or a requirement to retire early. The boy told the court he had considered joining the military, but could not do so with a bad back. STACKS LAW FIRM Grant Avery Compensation Specialist No Win, No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack Student gets $ 276,500 " buffer " payment for long jump injury The NSW Court of Appeal has awarded $ 276,500 in damages to a student who was injured during a long jump competition at school , including an award for future economic loss damages in the form of a " buffer " payment of $ 250,000 . After a six - year legal battle , the court found the government had breached its duty of care to an 11 - year - old boy who was badly injured during a long jump competition in the sandpit of his public primary school . The boy described his feet hitting a hard surface below the sand before he fell backwards and immediately felt significant pain in his back . The court heard the boy , now aged 17 , still suffers back pain . Taylor Kennedy , personal injury lawyer at Stacks Law Firm , said the case shows how courts can award a " buffer " against future economic loss when future earnings are difficult to determine . At the centre of the case was whether the NSW government breached its duty of care to the boy by failing to ensure there was sufficient sand to act as a cushion in the area where the boy's feet landed . " On his fifth or sixth jump , the boy's feet hit a hard surface beneath the sand and he fell backwards , experiencing immediate back pain which continues to this day " , Ms Kennedy said . His claim for future economic loss damages was dismissed by the Supreme Court , where the judge accepted evidence given by teachers that adequate precautions had been taken . Ms Kennedy said this was challenged in the Court of Appeal , where it was held that the sand had only been raked after every two or three jumps , rather than after every jump , as recommended in safety information published by Little Athletics Australia . The court found that if there had been adequate sand in the landing area , it was " more probable than not " that the child's feet would not have hit the hard surface . " The school had breached its duty of care and the court awarded a ' buffer ' amount of $ 250,000 for future economic loss , as back problems could inhibit the boy from working some jobs . Another $ 26,500 was awarded for non - economic loss , " Ms Kennedy said . A " buffer " refers to an amount of damages awarded where an injured person's future earning capacity has unquestionably been affected , but its extent is difficult to calculate . This might include an inability to work in certain jobs , or a requirement to retire early . The boy told the court he had considered joining the military , but could not do so with a bad back . STACKS LAW FIRM Grant Avery Compensation Specialist No Win , No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life