Accidents at nursery school are commonplace and more often than not brought on by little children’s innately lively and curious nature. Fortunately, most of these accidents cause no more damage other than a few tears. However, while most accidents at nurseries are fairly minor, sometimes more serious accidents do happen due to someone else’s negligence.
According to the Childcare Act (2006), children attending any educational institution including nursery are owed a duty of care by the teachers and other staff members to ensure that they are safe from injury whilst under their care. If there is a breach of duty of care resulting in an injury, the child’s parent or guardian is entitled to file a compensation claim for the child’s injuries.
Common Factors That Lead To Accidents In A Nursery
The list of factors that can lead to accidents is extensive but here are some of the more common ones:
- Defective areas within the school premises, whether indoors or outdoors.
- Defective equipment such as toys, chairs, desks and other indoor furniture used by children.
- Unsupervised play time or sporting activities.
- Poorly maintained outdoor playground equipment.
- Food poisoning due to poor hygiene or improper food preparation.
- Slips, trips or falls due to spillages or badly maintained surfaces.
- Any accidents in the classroom or outside that happen due to lack of supervision.
What To Do If Your Child Is Injured At Nursery School
In case your child is injured in an accident in nursery school, irrespective of the reason or who was at fault, the first thing you should do is take your child to the doctor to get his or her wounds treated and to get a thorough check-up to determine the extent of the injury. Your child’s physical and emotional well-being should always be the first priority after any accident.
Accidents at nursery school come under the purview of personal injuries. As soon as your child has settled down, you should get in touch with a personal injury solicitor to start legal proceedings against the nursery school.
Worried About The Solicitor’s Fees?
Don’t be. Legal expenses should be the last thing on your mind if you think your child is entitled to financial compensation for injuries sustained in a nursery school accident.
All reputed personal injury solicitors will help you file and fight your compensation claim on a Conditional Fee basis. The Conditional Fee agreement is explained here. Also called a No Win No Fee agreement, this is exactly what it sounds like. You do not have to pay any fees upfront at any time during the proceedings. You only pay if you win the case and after you have received the compensation amount.
If our solicitor feels you indeed have good grounds to claim, they will need to have some information from you when which could include:
- A detailed written account of the accident.
- The extent of the injuries your child has sustained – this should be provided by the doctor who attended to your child’s injuries.
- All medical expenses directly associated with the accident as well as the cost of any future medical treatment if required – this could include the cost of travelling to and from the hospital as well as any loss of income from having to stay at home.
- Names and contact details of any witnesses.
This information will help our solicitor fully assess the merits of the case and determine whether or not you have a solid case worth pursuing. Because our solicitor will be working on a Conditional Free Agreement, they will usually only agree to take it up if they think you have as strong case.
Things You Can Do To Help Your Case
In cases of nursery accidents, the facts can often get blurred. Little children often get so distraught it is difficult for them to reconstruct the incident, making it difficult to know who is to blame for the accident. To help strengthen your case, speak to other people who may have been around at that time and try and get a true account of what happened.
Get photographs of the site and especially of the direct cause of the accident, for example – the collapsed chair, the sharp-edged desk, the defective swing.
If the injury was due to a broken pavement or a pothole, get photographs with a role to show the depth of the pothole or break in the pavement.
If your child suffered from food poisoning, get the names of all the other children who also suffered from food poisoning at the same time.
You will also need to get photographs of your child’s injuries and keep all medical receipts.