Accident at nursery(20 Posts)
Hello, I'm after some advice. My 3 year old little boy was at nursery the other day and was trying to climb a tree in the garden. They let little ones who can climb do it but won't let the ones that can't climb. As a result of him attempting to climb the tree he fell and has a spiral fracture on his right leg. He is in a full leg cast. I have spoken to the nursery and I believe it was an accident. My older children also attended this nursery and have had no problems. All of my friends believe I should sue the nursery for negligence but the thought never crossed my mind. It makes me feel an inadequate parent because I should be protecting my child but I don't believe there was anything malicious about his accident. They are adamant I should take this further. Who's right?
I wouldn't sue them but I would be contacting OFSTED. They shouldn't have been allowing children to climb the trees unless the activity had been risk assessed, and presumably they had a 1 adult: 1 / 2 children ratio, as you'd have if you let your child climb trees in the park.
There are accidents which just happen - small toddlers wobbling and banging themselves when learning to pull themselves up / walk and accidents like this, where the child took part in a more risky activity. In this case, I'd want assurance that the procedures were followed, and your DS just happened to overbalance etc. If they haven't got procedures in place, or didn't follow them, then I'd be more inclined to speak to a solicitor but that would be to do with demonstrable negligence on the part of the nursery, not just because he broke his leg.
I'd feel the same as you. All this suing business really gets on my nerves. It's great for when it's really necessary but children will climb trees and they will fall out of them. They will get breaks (my DS2 did, at home!), bangs and cuts (can't count the number of times DS1 has had his head glued back together). If we all sue every time something happens, our children won't be able to do anything perceived as risky - conkers, trees...I'd far rather mine were at a school where they were encouraged to do those things instead of being warned off them. How are they ever going to be able to look after themselves if we don't let them figure things out for themselves. I'd be inclined to say all of that to your friends too. Hope he feels okay!
I agree with Slippers except that, for me, tree climbing is too high risk an activity for a 3 year old to do in a nursery setting. Had your DS been 7, and fallen out of a tree at school, there'd be no suing.
It just seems too grown up an activity for so little a person and I'd want to know what the nursery had done in advance to reduce the risks of accidents like your DS's happening.
I didn't even know they allowed the 3-5 year olds to climb trees until now. I've got to go in on Wednesday for a chat so I shall ask about any risk assessments. Thanks for your advice x
Nursery letting children climb.trees sounds Abit crazy to me!!!
Have a meeting, look at risk assessments, talk about how the nursery can stop this happening again
How did the staff / nursery deal with the accident / was they open and honest with u? I think.this is more important than claiming for money, just because 'you can'
I think it's BRILLIANT that they were letting the kids climb trees. What's the difference between a tree and a climbing frame? Very little except the tree is a better vehicle for imagination and improvisation.
Obviously it's wretched that he's broken his leg and yes that's a risk of climbing anything. If you are happy with the nursery response then don't let your friends undermine that.
If you are happy with the place please don't sue. Or contact Ofsted. You might as well just shut it down now.
I think it is great they are allowed to do exciting and 'risky' things like climb. Sounds like a lovely nursery. Sadly, following an accident like this it's highly likely the children won't be climbing any more trees any way.
I agree with northern lurker. How wonderful that the children have the opportunity to climb trees. Sorry to hear about your ds's leg though.
Thanks everyone, I never wanted to sue in the first place I believed it was an accident. He's always been very happy at nursery and I wanted to keep it that way. There's always a niggling doubt when everyone else is telling you different
I doubt they'll be letting children climb the tree aanymore. Hope he feels better soon.
It's the blame and claim society we now live in I guess.
Although the nursery need to learn from this.
That's an awful injury for your dc I hope he mends soon bless him
Thank you, he's shuffling around everywhere it's not stopped him really! I don't know how high the tree is I didn't know they climbed them but I shall have a look tomorrow
I too think it's great that the kids can climb tree's. Wish our nursery had smaller trees that would allow that to happen.
My sister's nephew jumped down off of monkey bars at the park and spiral fractured his leg, (about 1 and half to 2 feet) so nothing much really. I am sure it was just an accident, but i hope he feels better soon.
Also agree with others that i don't think you need to sue, or contact Ofsted. The nursery will have most likely spoken to or reported to the correct authorities already, which you have to when something like this happens.
If it's a climbing tree it need to be as safe as a climbing frame with a soft surface around. Probably bark chips.
You can never make things 100% risk free though, and some branches can be very low. I suggest you see the scene of the accident.
That's a good point about reporting - this will be RIDDOR reportable to HSE I think.
I let children in my care (all under 5) climb trees. Their parents know this is one of our activities. A broken limb should be reported to Ofsted by the nursery.
Agree they should report to Ofsted and RIDDOR as per their legal obligations.
Chat to the manager, view area, ask about supervision (all things the manager should have done themselves after an incident) then see how you feel. But I agree sounds like a lovely activity and an unfortunate accident
My dc climbed trees at that age and I think it is great! You would need to risk assess it though as there is obviously limits on how high you want them to climb. If they had risk assessed then they probably weren't being negligent. It doesn't automatically follow that someone must be negligent if a child got hurt. I know half a dozen children who have broken a limb - falling off climbing frames, being run into, or even just falling over badly on a flat grassy field.
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