Making A Claim For An Accident In A Nursery

This guide will look at the process of claiming after an accident in a nursery that has resulted in injury. When a child attends nursery or an adult enters the premises, they are owed a duty of care.

This means that the party in control of the space has a responsibility to ensure the safety of those who enter and use it. If this is breached, it could result in injury and you may have a valid claim. 

Contact our team of advisors if you have queries on the topic or would like to further a prior claim. Available 24/7, they can provide you with obligation and financially free consultations and impartial advice regarding your questions. 

Contact us by

  • Calling the number above
  • Making a claim online
  • Using the live chat feature in the corner of the page

children sitting on a play mat in a nursery

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Key Information On Nursery Accidents And Compensation Claims

The Health and Safety at Work etc. Act 1974 sets out the responsibility that all employers have towards their employees’ safety- this responsibility is called a duty of care. It also outlines the duty of care owed to visitors of a workplace, such as parents picking up their children from the nursery. 

This piece of legislation states that they need to take all reasonably practicable steps to ensure the safety of employees and visitors. If this is breached, then an injury could occur as a result.

Some of the things that the party in control of a nursery might be expected to do include:

  • Maintaining good housekeeping. Ensuring that spills are cleared away in a reasonable timeframe and that clutter is cleared from walkways.
  • General premises maintenance. For example, if floor tiles become loose or carpet becomes worn, it can increase the risk of slips and falls.
  • Ensure appropriate supervision. Children cannot always be trusted to act in a way that ensures their safety. Children should have an appropriate level of staff supervision to prevent accidents from occurring.

Not all nursery accidents will be the basis of a claim. For example, if you’re picking up a child from nursery and trip over your own untied shoelace, this would be your fault and you wouldn’t be able to claim.

For more information on the duty of care that applies in a nursery, and how an accident in a nursery could occur if this was breached, speak with an advisor today.

Compensation Payouts In Nursery Accident Claims

If you receive a settlement after an accident in a nursery claim, it can be made up of two kinds of damages; these are general and special damages.

General damages are awarded for every successful compensation claim. These compensate for the pain, suffering and loss of amenity that is caused by your injuries. 

This head of your claim can be valued with the help of a publication called the Judicial College Guidelines (JCG). We’ve included some excerpts from these guidelines in the table below. However, please be aware that these are only guidelines and the amount you receive will differ. 

InjuryCompensation BracketsNotes
Head Injury/ Brain Damage (b) Moderately Severe£219,070 to £282,010There will be a great deal of dependence on others and a requirement for full-time care. Physical and mental disabilities could both arise.
Bowels (b)Up to £150,000Loss of natural function and dependence on colostomy.
Shoulder Injuries (a) Severe£19,200 to £48,030Associated with neck injuries involving damages to the brachial plexus. This results in serious neck and arm symptoms.
Deafness/ Tinnitus (c)£31,310 to £45,540Complete loss of hearing in one ear only.
Knee Injuries (b) (i)£14,840 to £26,190Injuries include dislocation, torn cartilage or meniscus. These will result in instability, weakness, wasting or mild disability.
Foot Injuries (f) Moderate£13,740 to £24,990Displaced metatarsal fractures with permanent deformity and continual symptoms.
Other Arm Injuries (d) Minor£6,610 to £19,200Simple forearm fracture.
Ankle Injuries (d) ModestUp to £13,740Minor or undisplaced fractures, sprains or ligamentous injuries.
Digestive System (a) (iii)£6,610 to £12,590
Injury caused by a penetrating stab wound
Wrist Injuries (e)In the region of £7,430An uncomplicated Colle’s fracture

Special damages can compensate you for the financial losses caused by your injury. For example: 

  • Loss of income- if your injuries prevented you from working, then you could claim back the money you would have earned. 
  • Travel- Travel costs to and from the hospital can mount up quickly. You can be reimbursed for this. 
  • Care costs- If your injuries meant that you weren’t able to carry out household duties, you could claim back the cost of hiring someone to do this.

You will need to provide proof of special damages, such as invoices and receipts. Speak with an advisor today for information on how much an accident in a nursery claim could be worth.

Can I Claim Compensation On Behalf Of My Child?

A nursery accident could affect a parent who is picking up or dropping off their child, or entering the premises for another reason. However, it could also affect a child.

Children are not able to pursue their own claim for compensation. However, a trusted adult can do this for them as a litigation friend.

A litigation friend is someone who claims on behalf of a party when they’re unable to do so. The litigation friend does not receive the compensation; instead, it’s placed in a secure account.

The time limit for starting a personal injury claim is generally three years. However, this can vary when a litigation friend is making the claim on behalf of a child.

While the child is still under 18, there’s no time limit in place and a claim can be made at any point. Once the child turns 18, they have three years to make their own accident in a nursery claim provided one has not already been made.

For more information on the personal injury claims process, whether for yourself or on behalf of a child as their litigation friend, speak with an advisor today.

How Does An Accident In A Nursery Happen? 

There are a number of ways that an injury in a nursery could happen:

  • Slips, trips and falls caused by poor housekeeping. For example, clutter is left in a walkway that causes a parent to trip, or a child slips on a spill that had not been cleaned or signposted, resulting in a broken leg.
  • Playground equipment that is not maintained, leading to cuts because of sharp metal edges
  • A child could be injured in a fall from a height after they climb on top of furniture because of a lack of appropriate supervision. This causes a neck injury and a broken nose.

How To Prove A Nursery Accident Claim

Immediately following an accident in a nursery, you can collect evidence to help strengthen your claim:

  • Seek medical attention- this ensures that you get the treatment required, and also that the injuries sustained are reported in medical records. 
  •  Witness statements- Gather the names and contact details of anyone who witnessed the incident. Someone can collect a statement from them at a later date.
  • CCTV- If you believe CCTV has captured the accident, you can request the footage if this is the case.

For more information on what you could claim for and how much your case could be worth, speak with an advisor today.

Claim Compensation With A No Win No Fee Solicitor

If you have a strong case, a personal injury solicitor may offer to represent you under a No Win No Fee agreement. This is an umbrella term for several kinds of agreements, including a Conditional Fee Agreement. 

This kind of agreement means that:

  • You don’t pay an upfront fee to your lawyer, or anything as the claim progresses.
  • In the event of an unsuccessful claim, your lawyer won’t ask you to pay for their services.
  • If your claim is a success, a small percentage of your settlement will be deducted. This is legally capped to stop you from being overcharged.

If you or your child have been injured in an accident in a nursery because of negligence, contact our team of advisors. Available 24/7, they can provide you with impartial free legal advice regarding your questions. 

Contact us by

  • Calling the number above
  • Making a claim online 
  • Using the live chat feature in the corner of the page

More Information On Nursery Accident Claims

You can check out the resources included below:

Health and Safety for School Children– from the government website

What Do You Do If Your Child Has An Accident?– guidance from the NHS

Early Years Accident Prevention– information from the Royal Society for the Prevention of Accidents.

You can also read other guides available on our website, such as the following:

If you have any more questions about claiming for an accident in a nursery, speak with an advisor today.