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Has anyone had experience of taking action against a nursery?

(5 Posts)
duffybeatmetoit Thu 01-Sep-11 14:00:06

My DC was hospitalised following an incident at nursery which is being investigated by the authorities. We don't yet know whether there will be criminal charges brought or not. We have been advised that we should claim against the nursery's public liability insurance for failure in their duty of care.

Has anyone done this? How did you go about it and how did you select someone to handle the case for you? Were there any repercussions that you didn't foresee as a result?


Byeckerslike Thu 01-Sep-11 14:02:17

Sorry no advice but sorry you are having to go through that, it sounds terrible shock

TiggyD Thu 01-Sep-11 15:50:17

If the authorities end up saying the nursery was in no way to blame for the incident then I doubt you would win. If they say the nursery was at fault, quite the opposite. I would wait until it's investigated and make a decision based on the outcome.

duffybeatmetoit Thu 01-Sep-11 21:40:12

Tiggy yes we are waiting for the decision although it is the authorities concerned who have been advising us. It is really the mechanics of how we go about it should we decide to sue that I am unsure of. I have a horrible feeling that it all could end up in the papers and then we would get no end of ambulance chasers bothering us. In trying to get DC back to full health the last thing we need to is to be dealing with a media circus.

Byeckers - it's truly dreadful. You think your DC is in safe hands and to have this happen is indescribable. I'm just pleased that it happens so rarely - you wouldn't want anyone else to be going through this.

Graciescotland Thu 01-Sep-11 22:01:06

Not against nurseries but my stepfather was badly injured at work, a H & S investigation found them in breach of their duty of care (gross negligence). The matter was settled shortly before it came to court but it took around three years so be prepared for a long haul.

Try and find a good solicitor who can walk you through it.

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