Nursery accident compensation claims

If your child has had an accident at nursery school and suffered an injury, you could be entitled to make a nursery accident claim on their behalf.

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nursery accident claims

Nursery Accident Claims

Nurseries are vital facilities that provide care and early education for children under five. Here, they can engage in various activities that promote physical, cognitive, social, and emotional development.

However, children at this age are innately curious and lively, so accidents in nursery schools are not uncommon. These can lead to injuries such as cuts, lacerations, fractures and head injuries.

Nurseries have a legal duty of care to protect the health and safety of children while in their care. They must provide adequate training to staff, maintain a safe environment and ensure proper supervision. If your child was injured due to substandard care or negligence, you may be able to make a nursery accident claim on their behalf.

To discuss your case and find out its merits, please call 0800 470 0474 today or request a call back to receive a free consultation with a legal adviser.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    What is the duty of care that nursery businesses owe children?

    Under the Childcare Act 2006 and the Occupiers Liability Act 1957, nursery schools have a legal duty of care to ensure the safety, well-being, and development of the children in their care. Their responsibilities include:

    • Conduct risk assessments to identify potential hazards and take steps to mitigate them;
    • Ensure that all premises are reasonably safe for children to prevent incidents such as slips, trips and falls;
    • Employ suitably qualified and sufficient staff to ensure that each child receives adequate supervision and care at all times;
    • Have robust policies to protect children from abuse and neglect;
    • Have emergency procedures in place to deal with incidents such as medical emergencies or fires;
    • Ensure that all equipment and facilities are in good working order and free from defects that could cause harm.

    If your child has been injured due to a breach of duty, you may be able to claim nursery accident compensation on their behalf.

    Can I make a nursery injury claim for my child?

    Yes, you may be eligible to claim compensation following a child accident at nursery. An experienced solicitor will help you make a child injury claim if they can prove the following:

    • The nursery school owed your child a duty of care;
    • This duty was breached through negligence or wrongdoing;
    • Your child suffered an injury or injuries as a result.

    A legal duty will be proven based on the legislation mentioned above. To start a claim for your child, your solicitor will help you apply to the court to be named as their litigation friend. This will allow you to conduct legal proceedings and make decisions about the claim on their behalf.

    If you win personal injury compensation, a judge must approve the awarded settlement during a court hearing. Once approved, your solicitor may help you set up a personal injury trust to manage the awarded funds until the child’s 18th birthday.

    Can I make a personal injury claim as an employee?

    If you work at a nursery as a teacher or member of the staff, your employer owes you a legal duty of care under the Health and Safety at Work Act 1974. Just like in other workplaces, they must take all reasonable measures to keep you safe from accidents and injuries, including:

    • Conduct regular assessments to identify risks and take measures to eliminate or reduce them;
    • Maintain the premises, equipment and facilities in good working condition;
    • Provide adequate training and information on health and safety measures;
    • Establish and enforce health and safety policies and procedures;
    • Provide training and support on how to manage challenging behaviour from children.

    By fulfilling these and other duties, nursery schools can ensure that employees can work in a safe and healthy environment. A breach of duty, however, can lead to an accident at work claim and compensation for your pain and suffering.

    Making a claim is your legal right; you cannot be sacked or disciplined for it. If you suffer any retaliation, you could be entitled to take further action at an employment tribunal under unfair dismissal laws.

    Evidence needed to support a nursery accident claim

    If you or your child had a nursery school accident and you want to make a compensation claim, you will need various pieces of supporting evidence. You must be able to prove how the accident happened, the injuries it caused and their impact on the claimant. The evidence you could use includes:

    • Photographs of the accident scene and any hazards contributing to it, taken before anything is moved or repaired;
    • Pictures of any visible injuries and the recovery process;
    • Medical records that show the type and severity of the harm sustained, what treatments were required and any long-term or permanent consequences;
    • A copy of any CCTV footage that captures the accident can be irrefutable proof to support your claim;
    • A copy of an accident report filed with the nursery will show the date, time and location of the incident, as well as what injuries were reported;
    • Statements from witnesses such as teachers or staff members;
    • A diary of how the accident has affected your life or the life of your child, including the pain and suffering it caused and its impact on hobbies and daily activities;
    • You also need evidence of financial losses and expenses incurred as a result, such as prescriptions, care costs and travelling to medical appointments.

    What may cause a child accident at a nursery?

    Children could be injured at nursery schools for various reasons, and not all of these are due to negligence. However, you could sue a nursery for compensation with the help of a personal injury solicitor if your child was injured due to the following:

    • Inadequate supervision due to not having enough staff or staff being distracted and not paying enough attention to children, which could lead to falls, choking and other incidents;
    • Poor maintenance of premises, leading to an unsafe environment with hazards such as wet floors, uneven surfaces, exposed wires or unstable furniture;
    • Inadequate staff training in first aid, emergency procedures and proper handling techniques;
    • Allowing children to play in unsafe outdoor areas or with toys not suitable for the age group;
    • Serving food that is not properly stored or prepared, leading to food poisoning;
    • Not following proper hygiene practices;
    • Leaving cleaning products or other toxic substances within the reach of children;
    • Hiring staff without proper qualifications or background checks;
    • Delays in seeking medical attention for injuries or illnesses.

    If your child suffered a personal injury due to any of the above types of negligence, you may be entitled to claim compensation on their behalf.

    Common types of nursery accident compensation claims

    Various types of nursery school accidents could lead to personal injury compensation, including:

    • Slips, trips and falls due to loos carpets, wet floors, objects left in walkways and other hazards caused by poor housekeeping;
    • Falls from a height, such as from playground equipment or climbing on top of furniture due to poor supervision;
    • Playground accidents due to equipment that has not been adequately maintained and is defective or from falling off swings or slides;
    • Injuries caused by defective furniture that can collapse or has sharp edges;
    • Food poisoning from being served food that has not been correctly stored or cooked;
    • Allergic reactions due to exposure to allergens, whether from food, beverages or materials;
    • Electrical incidents caused by exposed wires, faulty electrical equipment or inserting objects into electrical outlets;
    • Strangulation from getting caught in cables or cords from blinds, clothing or toys;
    • Poisoning due to accidental ingestion of cleaning products, medication or other toxic substances;
    • Choking can be due to inadequate supervision during meal times or ingesting toys or other small objects that can become lodged in the child’s throat.

    You could make a personal injury claim on behalf of your child if they were injured at school due to any of these or other accidents caused by negligence.

    Common injuries suffered due to accidents at nursery schools

    If adequate health and safety measures are not in place, children can suffer various types of injuries in nursery accidents. These include but are not limited to:

    • Cuts and lacerations, which can range from minor wounds to deeper cuts that need stitches and carry a risk of infection;
    • Sprains and strains involve stretched or torn ligaments, muscles, or tendons and cause pain and limited mobility;
    • Broken bones and dislocations can affect any bone or joint in the body, such as the shoulders, legs or ankles, and can be very painful;
    • Head injuries can range from minor bumps to more severe brain trauma, which can have a long-term impact on the child’s development;
    • Burns and scalds can result from contact with hot surfaces or chemicals and can cause blistering, severe pain and permanent scarring;
    • Gastrointestinal symptoms such as nausea, vomiting or diarrhoea can be due to poisoning from food and other substances;
    • Anaphylaxis is a severe allergic reaction that can cause breathing difficulties and can be life-threatening without immediate medical intervention;
    • Infections and illnesses can be due to poor hygiene and exposure to contaminated surfaces;
    • Eye injuries can be due to foreign objects or chemical exposure and can cause redness, scratches of the cornea, and vision impairment in severe cases;
    • Electric shocks can cause burns, damage to internal organs and, in severe cases, cardiac arrest;
    • Psychological trauma can be due to experiencing or witnessing a distressing event and can cause anxiety, nightmares and other symptoms that can impact the child’s overall well-being.

    Is there a time limit to sue a nursery school for personal injury compensation?

    If you want to make a personal injury claim for compensation on behalf of your child, you can use the litigation friend process at any time before their 18th birthday, regardless of when the incident took place. If you decide not to claim, your child could seek compensation themselves when they become a legal adult. They will have three years to do so starting from their 18th birthday.

    While you may have a lot of time to start a nursery injury claim, we strongly advise that you do this as soon as possible. That will help your solicitor gather the necessary evidence and increase your chances of success. Nonetheless, the full implications of your child’s injuries may only become apparent later in life.

    If you suffered an accident at work and want to claim compensation, you have three years to start legal proceedings under the Limitation Act 1980. Exceptions apply if you cannot handle a claim due to a brain injury or another condition, in which case the time limit is suspended.

    How much compensation can I claim if my child is injured at nursery?

    The amount of compensation you could receive in a nursery accident claim will depend on the specific losses incurred by the injured party. These will be grouped into two different types of damages:

    General damages are compensation for the subjective impact of the accident and injury, and can include:

    • Physical pain and suffering
    • Mental and emotional trauma
    • Scarring and disfigurement
    • Impaired development
    • Loss of enjoyment
    • Loss of social interactions
    • Mental or physical disability

    Special damages typically include the financial losses and expenses incurred by the parent or legal guardian, such as:

    • Prescriptions and other medical expenses
    • Loss of earnings from taking time off work to care for the child
    • Travel expenses to and from medical appointments
    • Homeschooling
    • The cost of any physical therapy or counselling the child might need

    In rare circumstances, you can also claim special damages for the child, such as when they are a young actor and were forced to miss a job due to the injury. You can refer to our personal injury compensation calculator to see how much compensation you could receive for specific injuries.

    Will my personal injury solicitor work on a No Win No Fee basis?

    If you have a valid claim for a child accident at nursery, your solicitor will offer you a 100% no win no fee service. They will take on the risk of legal action and will not ask for an upfront payment from you. If they win your case, they will receive a success fee deducted from your compensation award. This is agreed upon from the beginning and capped at 25% of your settlement. If you lose, you do not have to pay them anything.

    Your arrangement includes After the Event (ATE) insurance for further peace of mind. This type of legal expenses insurance will cover all the litigation costs if the claim fails, so you will not be left out of pocket. These include medical reports, expert witnesses, court fees and the defendant’s expenses.

    How long will my nursery accident claim take?

    It is difficult to say how long it may take to settle an accident claim without knowing all the details of the case. If liability is straightforward and the injuries sustained are not severe, the claim could be resolved within a few months. On the other hand, complex cases that involve multiple parties or severe injuries could take years to resolve.

    Other factors affecting a claim’s duration include how long it takes to gather supporting evidence, whether the other party admits liability and whether your case goes to court. To ensure the best possible resolution, you should seek legal advice as soon as possible, document everything from day one in the best detail possible and work closely with your solicitor.

    To find out if you have grounds to claim compensation for an accident at a nursery, call 0800 470 0474 today or enter your details into our contact form to request a call back.