Nursery Accident Claims

Nurseries provide essential care and early education for children under five. However, accidents in nurseries are not uncommon. If your child was injured because of negligent care, you may be entitled to make a nursery accident claim on their behalf.

Nurseries have a legal duty of care to protect children from avoidable harm. While most nurseries are safe, accidents often occur due to inadequate supervision, poor maintenance or insufficient staffing, and can lead to serious or life-changing injuries.

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 an experienced legal adviser.

Find out if you can claim

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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.

Table of Contents

• Can I make a nursery injury claim for my child?
• Who is responsible for a child's nursery accident?
• Can I make a personal injury claim as a nursery employee?
• Is there a time limit to sue a nursery school for personal injury compensation?
• How do I claim compensation for an accident at school or nursery?
• How much compensation can I claim if my child is injured at a nursery?
• Can I make a nursery compensation claim on a No Win No Fee basis?
• Evidence needed to support a nursery accident claim
• What may lead to a claim for a child accident at a nursery?
• What are the most common types of nursery accident compensation claims?
• What are the most common injuries suffered due to accidents at nursery schools?
• How long will my nursery accident claim take?

Can I make a nursery injury claim for my child?

Yes, you may be eligible to make an injury compensation claim 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.

Who is responsible for a child’s nursery accident?

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.
• Keep all premises clean, hazard-free and reasonably safe for children.
• Employ qualified and sufficient staff to ensure adequate supervision and care at all times.
• Have robust policies to protect children from abuse and neglect.
• Have proper procedures in place to deal with emergencies.
• Keep all equipment, toys and facilities in good working order.

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 personal injury claim as a nursery employee?

Yes, you could make a claim if your employer breached their duties under the Health and Safety at Work Act 1974, causing you to be involved in an accident at work. Examples include:

• Failing to conduct regular risk assessments.
• Failing to maintain the premises, equipment and facilities in good working condition.
• Failing to provide adequate training and information on health and safety measures.
• Failing to establish and enforce health and safety policies and procedures.
• Failing to provide support on how to manage challenging behaviour from children.

A breach of these duties can lead to an accident at work claim and compensation for your pain and suffering.

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

Yes, you can make a claim on your child’s behalf at any time before their 18th birthday, regardless of when the incident took place.

If you decide not to claim for your child’s injuries, they will be able to make a nursery accident claim themselves when they become a legal adult. They will have three years to do so, starting from their 18th birthday.

If you suffered an accident at work, you have three years to make a claim from the date of the accident. 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 do I claim compensation for an accident at school or nursery?

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 compensation for your child’s accident, 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.

Please refer to our dedicated page to find out more about the personal injury claims process, whether you are claiming for a nursery accident for your child or yourself.

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

The compensation amount you could receive in a nursery accident claim will depend on the specific losses incurred. 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.
• Mental or physical disability.

Special damages include the financial losses and expenses incurred, such as:

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

You can refer to our personal injury compensation calculator to see how much compensation you could receive for specific injuries.

Can I make a nursery compensation claim on a No Win No Fee basis?

If your child has suffered an injury at nursery and you have a valid claim, your personal injury solicitor will offer you a 100% no win no fee service. This means:

• They will not ask for an upfront payment from you.
• If your claim is successful, they will receive a success fee capped at 25% of your compensation award.
• If you lose, you do not have to pay them anything.

Evidence needed to support a nursery accident claim

To make a successful claim and secure the maximum amount of compensation, you will need evidence. This could include:

• Photographs of the accident scene and any hazards contributing to it.
• Pictures of visible injuries and the recovery process.
• Medical records and specialist reports showing the harm sustained and its consequences.
• CCTV footage that captures the accident can be irrefutable proof to support your claim.
• A copy of an accident report filed with the nursery.
• 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.
• Evidence of financial losses and expenses incurred as a result.

What may lead to a claim for a child accident at a nursery?

Children could be injured in nursery schools for various reasons, and not all of these are due to negligence. However, you could make a compensation claim if your child was injured due to the following:

• Inadequate supervision due to understaffing, poor training or distracted staff.
• Poor maintenance of premises, such as wet floors, exposed wires or unstable furniture.
• Insufficient 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 their 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 appropriate qualifications or background checks.
• Delays in seeking medical attention for injuries or illnesses.

What are the most common types of nursery accident compensation claims?

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:

• Slips, trips and falls caused by poor housekeeping.
• Falls from a height, such as from playground equipment or furniture.
• Playground accidents due to faulty equipment or a lack of supervision.
• Injuries caused by defective furniture that can collapse or has sharp edges.
• Food poisoning from food that has not been correctly stored or cooked.
• Allergic reactions to food, beverages or materials.
• Electrical incidents caused by exposed wires or faulty electrical equipment.
• Strangulation from getting caught in cables or cords from blinds, clothing or toys.
• Poisoning from ingestion of cleaning products, medication or other toxic substances.
• Choking on food or toys that are not age-appropriate.

What are the most 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, such as:

• Laceration injuries that may need stitches and leave permanent scars.
• Sprains and strains causing pain and limited mobility.
• Eye injuries that can cause vision impairment in severe cases.
• Broken bones that can cause permanent deformity or mobility issues.
• Head injuries can range from minor bumps to more serious injuries affecting the brain.
• Burns and scald injuries causing severe pain and permanent scarring.
• Anaphylaxis, a severe allergic reaction that can be life-threatening.
• Infections and illnesses due to poor hygiene.
• Electric shocks and cardiac arrest in severe cases.

Children can also suffer psychological trauma from experiencing or witnessing a distressing event. This can lead to anxiety, nightmares and other symptoms that can impact the child’s overall well-being and development.

How long will my nursery accident claim take?

It is difficult to say how long it may take to settle an accident claim. This will depend on:

• Whether liability is admitted.
• The severity of injuries.
• How long it takes to obtain evidence.
• Whether the claim goes to court.

Straightforward cases can settle within months, while complex or serious injury claims could take years to resolve. In such cases, solicitors can often secure interim payments for urgent financial needs.

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.

Last edited on 4th Dec 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.