Accidents involving children can be distressing, especially when they occur in a place where you expect them to be safe, such as a nursery. If your child has suffered an injury while at nursery, you may be wondering whether you can make a claim for compensation.

What Duty of Care Does a Nursery Have?

Nurseries have a legal duty of care to ensure the safety and wellbeing of the children in their care. This means they must:

  • Provide a safe environment, free from hazards
  • Supervise children appropriately at all times
  • Follow health and safety regulations and safeguarding procedures

If a nursery fails to meet these standards and your child is injured as a result, you may have grounds for a claim.

Common Types of Nursery Accidents

While nurseries strive to keep children safe, accidents can happen, often due to inadequate supervision or unsafe conditions. Some common examples include:

  • Slips, trips, and falls on wet floors or uneven surfaces.
  • Playground injuries, such as falls from climbing frames or swings.
  • Burns or scalds from hot food or drinks.
  • Cuts and bruises from broken toys or sharp edges.
  • Accidents during activities, such as arts and crafts involving scissors or glue.

If these injuries occur because the nursery failed to take reasonable precautions, you may be able to claim compensation.

How Long Do You Have to Bring a Claim?

In personal injury cases involving children, the time limit for bringing a claim is different from that for adults. For children, the standard limitation period is three years from the child’s 18th birthday, meaning you can usually bring a claim any time before they turn 21. However, it’s often best to start the process as soon as possible while evidence is fresh.

What Happens to the Compensation Money?

When a claim for a child is settled, the court will hold an Infant Approval Hearing to ensure the settlement is fair. After approval, the compensation is usually paid into the Court Funds Office. Alternatively, it may be placed in a Child Trust Fund or Junior ISA, where it will remain until the child turns 18. This ensures the money is safeguarded for the child’s future.

Can You Make a Claim?

If your child has been injured in an accident at nursery, you may be entitled to make a claim for compensation on their behalf. Seeking legal advice early can help you understand your options and secure the best outcome for your child. Contact one of our experienced team for a no obligation assessment of the case on 01254 606008, by email, or through the online chat below.