A grieving mother struggling to come to terms with the death of her young son on a school excursion in the Dandenongs is seeking damages over the snake bite suspected to have killed him.
Rowville Primary School pupil Junpeng Tan, 7, was on a day trip to the Mount Morton camp in Belgrave when he was bitten by a brown snake and died in October 2013, court documents show.
At the time, Junpeng was on a trip with his grade-one classmates at the Belgrave Recreation Reserve when he suffered a cardiac arrest. Despite teachers administering CPR, he later died at the Royal Children's Hospital.
Junpeng's mother, Xiaoying Tan, has filed civil action in the County Court, claiming the sudden death of her only child has left her with severe depression and post traumatic stress disorder.
The 41-year-old is suing the state government for negligence as the body responsible for the staff employed by the school and the Department of Education and Training.
She is also taking action against the company that runs the Mount Morton camp, alleging it breached a requirement to take reasonable care for the safety of Junpeng.
Ms Tan is claiming pain and suffering, as well as loss of earnings.
"By reasons of the injuries she suffered in the incident the plaintiff's earning capacity has been grossly undermined and eroded," the statement of claim said.
In China, Ms Tan had worked for the public service and had established a retail clothing business, documents show. She had only migrated from China to Melbourne two months before the incident.
The writ states Ms Tan is suffering shock and anxiety and unresolved grief following the unexpected death of Junpeng, among other severe psychological conditions.
On its website, the Mount Morton Camp and Conference Centre says it caters for school groups of all ages.
"We will ensure a recreational experience of the highest quality, in a fun and safe environment suitable for all ages," the website says.
Law firm Maurice Blackburn said the pathologist who conducted the autopsy concluded that, while there was no evidence of any injury that would have contributed or led to death, "it seems reasonable to determine that this unfortunate young fellow has succumbed to a snake bite".
Public safety lawyer Dimi Ioannou said her client was "devastated" over her son's death, which was preventable.
"We allege that the school failed to adequately supervise, protect and take proper care of Junpeng," Ms Ioannou said.
"We also allege that the operators of the camp failed to ensure as far as was reasonably practicable that the premises was safe and without risks or hazards that were likely to cause unnecessary injury or death."