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It has been reported that over 60,000 injuries occur to children under the age of 5 at nurseries and childcare facilities every year due to improper product use or faulty products. This does not include the several cases of negligence which resulted in emergency claims. If your child has been injured at a nursery compensation for the injury may be justifiable.
When children play together there is a level of understandable risks which a parent consents to. Such risks include minor cuts and scrapes, biting (among toddlers and younger children), and the transference of colds and flu and other sicknesses from children to children. These are the same risks which you take every day when you go to your job or conduct regular tasks.
Negligence occurs when a nursery worker fails to put into place practices and procedures which would have prevented the injury from occurring. In such cases personal injury which is not typical in a nursery, childcare, or daycare setting has occurred. For example: If improper sodding of the exterior play environment caused the child to sustain a cut that needed stiches, the injury is not typical and may be the result of negligence. Negligence can also occur when the child is not supervised correctly and sustains an injury from another attending child.
Children who have sustained injuries from the facility due to unaddressed safety issues may be able to have a nursery injury claim filed, especially if the state/regional inspector identified the area as one which needed to be addressed.
Nurseries which have been advised to faulty products (such as cribs, bouncers, seating, etc.) and have failed to remove the faulty product from the premises which resulted in the injury to the child may be liable for compensation due to their negligence. It is the responsibility of the nursery to check the consumer product report for any recalls, dangers, and/or risks of using a particular product. The excuse “we did not know” or that “the manufacturer did not let us know of this issue” is not an excuse.
Children which have sustained multiple injuries (either at once or over a prolonged period of time) from a specific child may have grounds for a claim. Even if the injury was “minimal”, (being that it was a bite or scratching) from a particular child, there may be grounds for a claim. If the nursery failed to supervise the child or take measures to prevent ongoing injury to the child once the first incident was reported, than there may be an issue of negligence.
In cases where a child has been fatally wounded due to the improper implementation of safety practices and procedures, the family of the child most definitively has a case. In such events, an investigation will need to be conducted as to the negligence which took place. Even if the death is deemed SIDS (sudden infant death syndrome), the nursery can still be held liable if proper supervision was not given to the infant resulting in emergency services being delayed.
When injuries have occurred on the nursery premises as a result of improper access and securities, the nursery can be held liable. Such examples are:
- Crush injuries
- Car injuries (child being hit by a car from faulty surveillance and/or doors)
- Poisoning from unsecured cleaning toxins
- Heat stroke due to supervision
- Drowning (commonly associated with insecure toilet facilities)
Spanking and corporal punishment is generally unacceptable in a nursery setting. There are very strict regulations as to how and when a nursery can correct a child’s behaviour. When nurseries have spanked or corporately disciplined your child who has resulted in injury to your child, you have grounds for a claim.
Children which have sustained injuries from a nursery should be removed from the facility. Continuing to use the facility will more than likely result in a judgement of “if you were concerned that the facility was being negligent, why did you continue to use it?”
Any time that a child has sustained an injury (either minor or major) an injury report should be presented to the parent. You are advised to have your child treated by a medical staff, nurse, doctor, or practitioner when such injuries occur in order to determine the severity of the injuries.
Compensation is dependent upon the severity of the injury, the duration of the pain, the gravity of the negligence, and other such factors. Never attempt to enhance a child’s injury. Such is illegal and can result in loss of child custody as well as sever harm to the child. Always follow the advice of the diagnosing professional.
Claims must be filed in a timely fashion. The quicker you file your claim, the greater your chances of success.
We are here to help you. If you have any inquires as to when and how to file a nursery injury claim we would love to talk with you. We will be happy to discuss your case and determine the option best to get the compensation you deserve.
If you would like to make a compensation claim for a Nursery Injury case then call Tylers Solicitors today for a no-obligation chat on (freephone) 0800 699 0079 today!
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We accept Nationwide nursery injury compensation claims
No matter where you were injured in the UK, Tylers Solicitors are just a telephone call away from giving you expert advice about your nursery injury compensation claim. If you would like to contact us about claiming compensation in the UK then telephone 0800 699 0079 today for a no obligation chat.