By Stephen Chambers. Last Updated 24th October 2024. Are you wondering how to sue a nursery? Has your child been injured at a school or nursery due to their negligence? If so, you might find this guide on personal injury claims beneficial if you are considering pursuing a claim on your child’s behalf.
Our guide aims to cover everything you need to know about making a personal injury claim against a nursery. Additionally, we will inform you of what evidence you may need to collect to make a successful claim. Furthermore, we will demonstrate the compensation guidelines that take into account the type and severity of injuries.
However, if you still have questions after reading this guide, you can get in touch with us. Our advisors are available 24/7 to provide you with free legal advice on anything regarding a personal injury claim.
Contact us either by:
- Calling us on 0800 408 7827
- Chatting with us via our Live Chat.
- Contact us online.
About Suing A Nursery For An Injury
- How To Sue A Nursery
- What Evidence Do I Need To Sue A Nursery For An Injury?
- Nursery Accident Compensation Payout Examples
- How To Sue A Nursery With A No Win No Fee Solicitor
- Learn More About Personal Injury Claims
How To Sue A Nursery
If you are wondering how to sue a nursery, your child has probably been injured whilst under the care of a nursery. However, in order to make a successful claim for their injuries, you must prove that the nursery breached their duty of care to your child and this is why they were injured.
All nurseries, schools and colleges owe their pupils and staff a duty of care whilst they are on their premises. The Department of Education states that under the Health and Safety at Work etc. Act 1974 (HASAWA), the school must do all they reasonably can to keep pupils and staff safe whilst on and off school property (e.g. a school trip).
Additionally, the Management of Health and Safety at Work Regulations 1999 sets out the responsibilities required by a school employer to keep staff and pupils safe, such as:
- Providing sufficient training on health and safety to all staff.
- Performing regular risk assessments.
- Apply risk management safety procedures.
If your child’s nursery was to breach their duty of care to your child, they could suffer an injury in a preventable accident, such as a break or fracture. For example:
- Your child’s nursery hasn’t performed regular maintenance checks on the playground equipment. Your child goes to use the swings, but they break, and your child obtains a broken forearm and a broken ankle injury.
- Your child suffers a slip or trip accident because the nursery hasn’t cleaned up a spillage. Your child suffers from a broken foot as a result.
Our advisors can provide you with free legal advice and guidance regarding a specific claim. Call us today.
What Evidence Do I Need To Sue A Nursery For An Injury?
Having sufficient evidence for a personal injury claim is important as without any, it can be difficult to prove negligence.
There are various types of evidence that you could gather which could help establish liability and the extent to which your child was injured, such as:
- Witness contact details. – This could be a teacher, parent or another staff member who witnessed your child’s accident.
- CCTV footage of the accident
- Photographs of the injury.
- The record of the accident in the school’s accident book.
- Medical records stating your child’s injuries and treatments.
Remember, in order to make a claim you must prove that your child’s nursery breached its duty of care. As a result of this, your child suffered an injury in an avoidable accident.
For more information on how to sue a nursery for negligence or for additional information on what evidence you may need, contact our advisors today.
Nursery Accident Compensation Payout Examples
When making a personal injury claim on behalf of your child, their compensation could be divided into special and general damages.
Special damages seek to provide compensation for the financial losses you or your child have suffered or will suffer due to your child being injured. For example, you have had to take time off of work to care for your child. But, you must be able to prove these financial losses, such as with payslips.
General damages seek to provide compensation for the mental and physical suffering your child has endured due to their injuries. Also, how those injuries have affected their quality of life, e.g. they had to take time off of school and were unable to participate in their usual hobbies.
Our compensation table below covers a range of injuries your child could have suffered. It includes the severity and the compensation brackets that reflects this.
The figures listed are from the 16th edition of the Judicial College Guidelines (JCG), which is a document many legal experts use to help them value injuries and illnesses. However, actual compensation amounts can differ depending on the specific claim that is being made, so you should only use this table as a guide.
| Injury | Severity | Guideline Amount |
|---|---|---|
| Multiple Serious Injuries And/Or Illnesses Plus Special Damages | Serious | Up to £400,000+ |
| Arm Injuries | Severe | £117,360 to £159,770 |
| Arm Injuries | Less Severe | £23,430 to £47,810 |
| Severe Leg Injuries | Very Serious | £66,920 to £109,290 |
| Severe Leg Injuries | Serious | £47,840 to £66,920 |
| Hand Injuries | Serious Damage To Both Hands | £68,070 to £103,200 |
| Hand Injuries | Severe Finger Fractures | Up to £44,840 |
| Hand Injuries | Less Serious | £17,640 to £35,390 |
| Ankle | Severe | £38,210 to £61,090 |
| Wrist Injuries | (b) Resulting In Permanent Disability | £29,900 to £47,810 |
If you want to understand more about how to sue a nursery for compensation, speak with one of our advisors today.
How To Sue A Nursery With A No Win No Fee Solicitor
If you want to make a nursery accident claim on your child’s behalf, then you can consider being represented by a No Win No Fee solicitor on our panel. If you discuss your potential case with our advisors and they determine you have a valid claim, then a solicitor from our panel could support you under a Conditional Fee Agreement (CFA). Under a CFA, the following conditions apply:
- If the solicitor is unsuccessful with the claim, there is usually nothing to pay for their services.
- If your solicitor does help you win the case, a legally capped success fee is subtracted from the compensation awarded to you.
- You won’t be required to pay for your solicitor’s work before or during the claiming process.
For more information on how to sue a nursery with the help of a No Win No Fee solicitor, please contact us today. Our advisors can answer any other questions you may have about the process of claiming nursery accident compensation. You can contact us by:
- Calling us on 0800 408 7827
- Chatting with us via our 24/7 live chat
- Or by using our online contact form.
Learn More About Personal Injury Claims
If you would like to read more articles written by us:
Alternatively, if you are looking for more resources:
- NHS – Looking after a sick child.
- Royal Society for the Prevention of Accidents (RoSPA) – School and College Safety.
- UK GOV. – Report a serious child safeguarding incident.
Call us today for more information on how to sue a nursery for your child’s injuries.