Can You Sue A Nursery For Negligence?

When you send your child to a nursery, you expect a high standard of care from the childcare provider.

Understandably, young children will always experience minor accidents, from falls and bumps; however, if there is negligent care from the nursery setting, children can be at risk for suffering much more serious injuries.

Beacon Law understand the distress of parents when they discover their child has suffered a serious injury at nursery due to negligent care of the daycare provider. We can work with parents and families to make a claim against the nursery for their breach of care.

To sue a nursery for negligence, we must be able to prove and demonstrate the following:

1. The nursery owed your child a duty of care: This is typically established by the fact that your child was enrolled in the nursery.
2. The nursery breached its duty of care: This means the nursery failed to act with reasonable care in its supervision or provision of facilities.
3. The breach caused your child’s injury: This requires a direct link between the nursery’s negligence and your child’s harm.

If you would like more information on our personal injury services and the claiming process or wish to discuss your potential nursery accident claim in more detail, then please do not hesitate to get in touch with our team of solicitors today.

Examples of accidents that can occur in nursery

Accidents in nurseries can occur in various ways, often due to negligent supervision, inadequate safety measures, or environmental hazards. Some common examples include:

Slips, Trips, and Falls:

• Children might slip on wet floors, trip over toys left out, or fall from playground equipment.
• Falls from changing tables, high chairs, or cots due to inadequate supervision or improper use.

Choking or Suffocation:

• Small toys, food, or other objects that are small enough to fit in a child’s mouth can pose a choking hazard.
• Unsafe sleeping arrangements, such as pillows, blankets, or stuffed animals in cots, can lead to suffocation.

Injuries from Unsafe Equipment:

• Poorly maintained or improperly used playground equipment can cause falls or entrapment.
• Cribs, high chairs, or other nursery furniture that is not up to safety standards can lead to injuries.

Burns or Scalds:

• Accidents involving hot liquids, such as a child pulling down a cup of coffee or tea, can cause burns.
• Exposure to hot surfaces like radiators or heating elements can result in scalding.

Poisoning:

• Accidental ingestion of cleaning supplies, medications, or other toxic substances that are not properly stored out of reach.

Allergic Reactions:

• Exposure to allergens like certain foods (e.g., nuts) or materials (e.g., latex) that a child is allergic to, due to lack of proper care in managing allergies.

Cuts and Bruises:

• Sharp objects like scissors, broken toys, or furniture with sharp edges can cause cuts or bruises.
• Children bump into furniture or other objects due to crowded or poorly arranged spaces.

Strangulation:

• Cords from blinds, clothing, or toys can become entangled around a child’s neck, leading to strangulation.
• Children getting their head or limbs stuck between cot bars or playground equipment.

Bites or Scratches from Other Children:

• Lack of supervision can lead to conflicts between children, resulting in bites, scratches, or other injuries.

Infections or Illness:

• Poor hygiene practices, such as improper handwashing or failure to clean toys and surfaces, can lead to the spread of infectious diseases.
• Not following proper procedures for dealing with sick children can result in others becoming ill.

Drowning:

• If the nursery has access to a swimming pool or even a small water feature, unsupervised access can lead to drowning incidents.

Heatstroke or Dehydration:

• Prolonged exposure to high temperatures without proper hydration or shade can lead to heat-related illnesses.

Each of these accidents can be serious and may indicate negligence on the part of the nursery if they failed to take reasonable steps to prevent them.

Duty of care

A nursery has a legal duty of care to ensure the safety, well-being, and development of the children in their care. This duty extends to all aspects of the nursery’s operations, from the physical environment to the quality of care provided.

Providing a Safe Environment

• Physical Safety: The nursery must ensure that the physical environment, including the building, play areas, furniture, and play equipment, is safe and free from hazards. This includes regular maintenance, childproofing, and ensuring that all safety standards are met.
• Health and Hygiene: The nursery is responsible for maintaining high standards of cleanliness to prevent the spread of infections and illnesses. This includes proper sanitation of toys, surfaces, and facilities, as well as ensuring that food is prepared and stored safely.

Supervision

• Active Monitoring: Nursery staff must supervise children at all times to prevent accidents and intervene promptly if any dangerous situations arise. This includes adequate staff-to-child ratios to ensure each child is properly monitored.
• Age-Appropriate Activities: Activities and playtime should be appropriate for the age and developmental stage of the children, with supervision levels adjusted accordingly.

Providing Adequate Nutrition and Hydration

• Healthy Meals and Snacks: The nursery must provide children with balanced, nutritious meals and snacks that meet dietary requirements and cater to any allergies or special needs.
• Hydration: Children should have access to clean drinking water throughout the day to prevent dehydration.

Health and Medical Care

• First Aid: Staff should be trained in first aid and be able to respond to emergencies, including administering CPR or treating minor injuries.
• Managing Allergies and Medical Conditions: The nursery must be aware of and properly manage any allergies, medical conditions, or dietary restrictions of the children in their care.
• Sickness Protocols: There should be clear procedures for dealing with sick children, including isolation protocols to prevent the spread of illness and communication with parents.

Safeguarding Against Abuse

• Child Protection Policies: The nursery must have robust safeguarding policies in place to protect children from abuse, neglect, or harm. Staff should be trained to recognise signs of abuse and know how to report concerns.
• Safe Recruitment Practices: Ensuring that all staff members undergo background checks and are qualified to work with children is essential to prevent abuse.

Emotional and Social Well-being

• Nurturing Environment: The nursery should create a supportive and nurturing environment that fosters emotional security and social development. This includes positive interactions between staff and children and promoting respectful and inclusive behaviour among the children.
• Behavioural Guidance: Staff should use appropriate methods to manage and guide children’s behaviour, avoiding any forms of punishment that could harm a child’s emotional well-being.

Education and Development

• Developmentally Appropriate Learning: The nursery should provide activities and learning experiences that promote the cognitive, physical, and social development of the children, tailored to their age and abilities.
• Monitoring Progress: Staff should monitor each child’s development and communicate with parents about their progress, addressing any concerns or developmental delays.

Communication with Parents

• Regular Updates: The nursery should keep parents informed about their child’s daily activities, health, and any incidents or concerns.
• Emergency Contacts: The nursery must have up-to-date emergency contact information and promptly inform parents in case of emergencies.

What is the process of suing a nursery for negligence?

During your initial consultation, our team of personal injury solicitors will provide you with comprehensive advice regarding your personal injury claim and inform you about the relevant limitation rules that apply.

Our experienced lawyers will request detailed information about the accident and the injuries your child sustained as a result. This information will enable our personal injury lawyers to assess the likelihood of a successful claim on your behalf.

Examples of the information our lawyers may require include the location, date, and time of the accident, a description of the nature of the injuries, details of any witnesses to the incident, information about the defendant involved, and a thorough understanding of the circumstances surrounding the accident.

During the initial stages of your case for accident at nursery injuries, it is crucial to gather relevant evidence to support your claim. This evidence may consist of CCTV footage of the incident, medical records documenting the injuries sustained, photographic evidence of the harm suffered, and statements from witnesses.

If we determine that your injury claim is likely to succeed, we will offer to proceed with your case on a no win no fee basis. This means that if your child injury claim is unsuccessful, you will not be required to pay any legal fees.

How much compensation could you receive?

When suing a nursery for negligence, the amount of personal injury compensation you could receive depends on various factors, including the severity of the injury, the impact on your child’s long-term health and development, and the specific circumstances of the case. The compensation typically includes both general damages and special damages.

General Damages

• Pain and Suffering: This part of the compensation covers the physical pain and emotional distress the child experiences due to the injury. The amount can vary widely depending on the severity of the injury.
• Loss of Amenity: If the injury affects the child’s ability to enjoy life or participate in activities they previously enjoyed, this may also be compensated under general damages.

Special Damages

• Medical Expenses: Special damages cover the cost of any private medical treatment required as a result of the injury, including hospital stays, surgeries, medications, and rehabilitation. If ongoing care is needed, this will increase the compensation.
• Future Care Costs: If the injury leads to long-term or permanent disabilities requiring ongoing care or special education, the cost of this future care can be claimed as part of special damages.
• Loss of Earnings for Parents: If you have had to take time off work to care for your child, you may be able to claim for lost earnings. If the injury results in long-term care needs, the compensation may include projected future loss of earnings.
• Travel Expenses: Any travel costs incurred for medical appointments or treatments related to the injury can be claimed.
• Home Adaptations: If your child’s injury requires modifications to the home, such as ramps, specialised equipment, or other adaptations, these costs can be included in special damages.

What are the time limits for making a claim against a nursery?

Typically, there is a three year time limit to making a personal injury claim, as set out in the Limitations Act 1980. However, the time limit for making a claim on behalf of a child is different.

When an accident occurs at nursery, an adult can make a claim for compensation on behalf of their child if they have suffered an injury. The usual rule of making a claim within 3 years following the accident does not apply if the injured person is under the age of 18.

An adult (acting as a litigation friend) can make a claim on behalf of a child at any point up until the child’s 18th birthday, or the child themselves can bring a claim once they turn 18. However, we would still recommend starting a claim as soon as possible.

The compensation won on a case regarding a child will be put into a trust for them to access when they turn 18 or can be managed and accessed by trustees in some cases, for example, if the child was injured so severely that they need on-going care which requires medical bills to be paid.

How can Beacon Law assist?

Beacon Law is a specialist personal injury solicitor with years of experience dealing with a range of personal injury claims. Our expertise in this area of law means we can provide an exceptional standard of service to our clients, and we work tirelessly to ensure we achieve the best possible outcome.

Beacon Law is authorised and regulated by the Solicitors Regulation Authority. To find out more about our no win, no fee claims funding and legal fees, please have a look at the funding section on our website.

If your child has suffered an injury due to negligence at their nursery, then please contact us today on 0330 1332 857 to start your claim or complete our contact form at the top of the page to request a call back from a member of staff.