Who Is Responsible If A Child Breaks An Arm At Preschool? We Discuss This Thorny Issue

The idea of your child being harmed at school is upsetting to any parent. School is one of the places where you and they should expect to be entirely safe. Keeping your child safe is one of the primary functions of a preschool, giving us the time and peace of mind to work, do errands and other tasks. 

If the worst should happen and your child breaks a bone at preschool, the chances are you’ll be able to make a claim. To do so successfully, you will need to prove that the preschool was at fault. This article will explore who is responsible for injuries at school, what your next steps should be and what kind of compensation you could expect.  

Children at pre school with toy cars in foreground:Photo by BBC Creative on Unsplash

When A Child Hurts Another Child

One of the most common causes of injury to children in preschool is children causing harm to other children, often completely unintentionally. In these cases, it can sometimes make claiming more difficult, as children cannot be held liable under UK law. However, as both children should have been under the watchful eye of a preschool employee, this can mean you can still hold the preschool itself responsible. Ultimately, it is their duty of care to ensure no injury comes to your child, whether from other children or anything else.  

When Injury Is Caused By Negligence

Some form of negligence is usually to blame for an injury to a child at a preschool. It is the school’s responsibility to ensure that any potential risks to a child are mitigated before they ever come to harm. This should include having enough supervisors to watch over the children and prevent harm. Negligence could be providing play equipment that is not suitable for the task or failing to provide appropriate training to staff.  

Who Is Responsible?

At the end of the day, almost any circumstance where your child suffers a serious injury like a broken arm is the preschool’s responsibility. Even if the accident is caused by the child, it is the preschool’s responsibility to be aware of what was going on and prevent the injury.  

ambulance:Photo by Ian Taylor on Unsplash

How Much Compensation Could You Receive?

The compensation for injury to a child can vary based on the severity. Normal bumps and scrapes are part and parcel of being a child, as any parent knows, so you will not likely be able to claim for a very minor injury. In the case of a broken arm, however, you should be entitled to compensation, depending on the specific circumstances of the injury.  

For instance, the age of your child, the long-term impact of the injury, and any specialist treatment your child requires will all impact how much compensation you could receive. You can get an idea of how much compensation you might receive by checking out this calculator from PSR Solicitors for child injury claims

What To Look For In A Solicitor

It is crucial to find a good lawyer to help you make a claim for child injury compensation. Ideally, you should choose a solicitor with extensive experience in handling child injury claims. Do some research to find a local solicitor and review their past cases to find one that has successfully tackled cases similar to yours. It may also help to find a solicitor who works on a ‘no win, no fee’ basis, meaning you won’t have to pay out of pocket for your legal expenses. 

It’s a good idea to contact a solicitor to find out if you have a case. They will then be able to walk you through the following steps and support you through the process.  

What Kind Of Evidence Is Needed?

You will often need evidence to support your case for compensation. This can help determine how much compensation you are owed and prove that the preschool was at fault. You should ask for a copy of the accident report. This should be filled out in detail by staff at the preschool whenever an injury occurs. It should list the time, date, and nature of the injury, as well as any treatment or medical intervention required.  

It is also a good idea to request any CCTV footage of the incident, which can help back up your claim that the preschool was at fault. When attending hospital for your child’s injuries, ensure you request a copy of their medical records as proof of the injury. Finally, you should keep a record of any expenses and your loss of earnings resulting from your child’s injury.  

Final Thoughts

Claiming compensation on behalf of your child for an injury can be a complex process. Serious injuries like a broken arm can be distressing for you and your child. It is essential to understand your rights and the responsibilities of your preschool. If you believe you have a case, the best thing you can do is get in touch with a reputable solicitor and move forward with your claim under their guidance.