If your child has been injured at school, you may wish to know how to sue them for negligence. In this guide, we unpack everything you need to know about child personal injury claims.
When we leave our children at a nursery in the care of someone else, we expect them to be kept safe from harm and well looked after by the teachers and nursery staff.
Leaving our children, particularly for the first few times can be hard and we need to be able to feel that we can trust that the nursery staff will take good care of the most precious person in our life. The last thing we expect is to find that our child has been injured, in particular, when due to negligence.
If your child has been injured whilst at nursery due to the negligence of the nursery staff, you can make a claim for compensation.
Legal Helpline has an experienced panel of personal injury claim specialists that have helped many people over the years with suing a nursery for negligence successfully. We’re more than happy to help you to get the compensation you and your child deserves.
To kickstart your case or for more information on personal injury compensation, reach out to our team by:
- Giving them a call on 0333 000 0729
- Chat with our personal injury advisers now using our live chat
- Or write to us about your case by clicking here
Jump to a Section
- How Do You Sue A Nursery School For Negligence?
- Examples Of Accidents In Nursery Schools
- Examples Of Evidence For Children’s Accident Claims
- Can My Child Sue A Nursery School?
- What Does A Personal Injury Compensation Payout Include?
- Compensation Payouts In Child Personal Injury Claims
- Sue A Nursery School On A No Win No Fee Basis
- Learn More About How To Sue A Nursery School
How Do You Sue A Nursery School For Negligence?
You may be eligible to make a claim if your child has been injured at a nursery school. However, you will need to prove that your child was injured due to the school breaching its duty of care.
The Occupier’s Liability Act 1957 outlines the duty of care all occupiers owe members of the public. An occupier is the party that is in control of a public space. They must ensure the reasonable safety of visitors who are using the premises for their intended purpose.
Additionally, the Health and Safety At Work etc. Act 1974 states that an employer owes a duty of care and is required to take reasonable steps to ensure the reasonable safety of their employees.
To be eligible to make a child personal injury claim, you should be able to illustrate the following:
- The nursery owed a duty of care to your child.
- There was a breach of this legal duty.
- Due to this breach, your child was injured.
If your circumstances reflect the criteria above, you could be eligible to sue a nursery school for negligence on behalf of your child.
Time Limits
Furthermore, with child injury claims, there are time limitations to be aware of when you are planning to start your legal proceedings on behalf of your child.
The Limitation Act 1980 highlights that generally you will have three years to start a claim from the date you were injured.
However, for those injured that are under the age of 18, the time limit is paused until their 18th birthday. During this time, a court-appointed litigation friend could make a claim on their behalf. From their 18th birthday, they will have 3 years to start a claim if one has not already been made.
Contact our advisors today to learn more about making a personal injury claim against a nursery.
Examples Of Accidents In Nursery Schools
There are various ways your child could suffer an injury while at nursery. Here are a few examples of incidents in a nursery setting that could occur:
- A slip, trip or fall injury can result in bruising or a fractured bone. For example, any obstructions that have been left in a walkway can result in a trip accident.
- A fall from a height can cause a head injury. For example, if a stair gate is left open, a child could fall down the stairs.
- Scalds could occur if a staff member leaves a hot drink in a location where it could be spilled by a child.
- If play equipment isn’t regularly checked for damage, children could suffer injuries, including cuts and lacerations.
If your child is injured at school, who is responsible may be a question you have. Our advisors can help you understand who was liable for the accident in which your child sustained harm. Additionally, they can help you understand how to sue a school for negligence in the UK. Please get in touch on the number above for further guidance.
Examples Of Evidence For Children’s Accident Claims
If you are eligible to make a personal injury claim on behalf of your child, you will need to collect sufficient evidence. This could help prove liability as well as the injuries caused by the accident from the nursery.
Some examples of evidence that could be useful in children’s accident claims include:
- A copy of your child’s medical records, which state the type of injury they suffered and the treatment they required.
- The contact information of anyone who witnessed the accident so they can give a statement later into the claiming process.
- Photographs. These could be of your child’s injury, of the accident scene or of any equipment that caused the accident.
If you have any questions about nursery accident claims, please get in touch with our advisors. In addition to answering your questions, they can advise you on what evidence could be used to support a claim made on behalf of your child.
Can My Child Sue A Nursery School?
Your child can sue a nursery school if they are at least 18 years old. This is because only those above the age of 18 can make their own compensation claims. If your child is a minor, you or another loved one would have to claim on their behalf as a litigation friend. The court will make the appointment at any point prior to their 18th birthday once you demonstrate that:
- There is no conflict of interest.
- You can make fair and competent decisions throughout the entire claims process.
Apart from the parents or guardians, the following people can also apply to become litigation friends:
- Family members
- Friends
- Solicitor
If your child’s claim against the school is successful, their compensation will be held in a bank account by the Courts Fund Office until their 18th birthday. Once your child turns 18, the court will transfer the amount to them and close the account. As a litigation friend, you would be responsible for supervising this bank account until your child’s 18th birthday.
We understand that the process of claiming on behalf of your child may seem complex. However, our advisors are there to simplify each step of the claims process and will guide you through the formal procedures. Contact us now to learn more about claiming on behalf of your child or another individual.
What Does A Personal Injury Compensation Payout Include?
There are a number of different items that can be included in a personal injury compensation claim that then make up the final award amount. The compensation claim should include the following:
- General damages – These account for the physical and psychological pain and suffering the child has endured. The severity of the injury will be considered with the more serious injuries gaining higher amounts.
- Special damages – Although usually uncommon among accident at nursery school claims, this section covers any lost earnings on the child’s behalf. Any child actors or models that may have lost earnings or potential earnings can include this in their claim.
Compensation Payouts In Child Personal Injury Claims
If a child is injured in an accident at a nursery due to negligence, the appropriate amount needs to be calculated and awarded in accordance with the level of pain and suffering experienced. The figure is known as a general damages payment.
In order for legal professionals to arrive at a sum that is deemed appropriate, they will need to consult medical evidence regarding the injury or injuries sustained.
In addition to this, the Judicial College Guidelines (JCG) are also used. This publication contains rough figures that pertain to the value of certain injuries in terms of compensation. The amounts are based on past court cases.
We have included some example figures from the JCG in the table below. Injuries can vary in how severe they are, and this is often reflected in the value of a general damages payment. Please note that the first entry in this table is an estimated figure that is not based on the JCG.
| Reason for Compensation | Guideline Payout Amount | Notes |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Up to £500,000+ | If a victim has suffered multiple serious injuries, then they may be compensated for all of these as well as related special damages, such as the cost of care at home. |
| Back Injuries - Severe (i) | £111,150 to £196,450 | Back injuries covered by this bracket could include damage to the nerve roots and the spinal cord. The victim will be suffering from severe pain and at least one disability. |
| Neck Injuries - Severe (i) | In the region of £181,020 | A severe neck injury resulting in permanent spastic quadriparesis or associated with incomplete paraplegia. |
| Knee Injuries - Severe (ii) | £63,610 to £85,100 | Limited movement and constant pain caused by a leg fracture that has extended into the knee joint. |
| Hand Injuries - Serious | £35,390 to £75,550 | The hand's capacity has been reduced t 50%. |
| Wrist Injuries | £58,710 to £73,050 | The wrist has suffered a complete loss of function, such as when an arthrodesis has been performed. |
| Leg Injuries - Less Serious (i) | £21,920 to £33,880 | An incomplete recovery has been made from a fracture or a serious soft tissue injury. |
| Facial Scarring Injuries - Less Severe | £4,820 to £16,770 | There is a substantial disfigurement and a significant psychological reaction. |
Whilst the table may give you an idea as to the value of some child accident claims, speaking directly with our advisors is the best way to obtain an accurate valuation. Online resources such as a compensation calculator do not always take all factors into account.
Sue A Nursery School On A No Win No Fee Basis
If you have strong grounds to sue a nursery school, then you could do so with the help of a No Win No Fee solicitor. You can speak to our advisors about potentially claiming compensation on either your child’s behalf or your own behalf. They could review your claim and they may connect you with our panel of experienced solicitors.
A solicitor from our panel may support your case under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement, and it provides several benefits. One benefit is that you won’t have to send any payments to your solicitor either upfront or while your claim is being processed for their services. Also, you won’t need to pay your solicitor for their work if your claim proves to be unsuccessful.
If your nursery accident compensation claim does success, then your solicitor normally takes a small percentage of the compensation awarded to you to cover their payment. This is often called a success fee.
Contact our advisors today to learn more or to get help with making a nursery accident claim on a No Win No Fee basis. To reach our team, you can:
- Call us on 0333 000 0729
- Use our online contact form.
- Or use our 24/7 live chat service.
Learn More About How To Sue A Nursery School
In this last section of our guide on accident at nursery school claims, we’ve included some other guides you may find interesting, as well as the answers to some frequently asked questions.
If you suffered an arm injury while working in a nursery school, or your child suffered an arm injury while attending nursery school, this page explains how to claim compensation for an accident at work.
If you’ve injured yourself in an accident in a public park, this guide will tell you what you need to know.
Click here to read our in-depth guide to head injury claims.
Gov.UK – Reporting a serious child accident
Here is the HSE guide on reporting accidents to Ofsted and reporting safeguarding incidents or nursery accidents.
Gov.UK – Keeping children safe in Education
This link takes us to the HSE guidelines on how to keep children safe whilst at nursery or school. If your child was injured because these guidelines were not being followed, you may have a legitimate cause to claim compensation for negligence.
