Personal injury claim - complicated situation - can any legal mnetters advise?

[duffybeatmetoit]

Synopsis: DC sustained serious injuries at nursery as a result of youths messing around on the premises out of hours. Nursery not found to have been responsible as they followed all appropriate procedures. There may or may not be criminal charges against the youths.

Is there any claim on the nursery's public liability insurance? Where would liability lie?

Don't know for sure but for a business/individual to be legally liable for injury they have to do something negligent. I cant see a direct negligence here but you could say they were negligent in not securing their premises adequately thus allowing the yoofs to create a hazard. Maybe even if they were aware their premises were not completely secure (which they could not have been as the yoofs got in!) they should have done a pre opening check for hazards - I'm thinking broken glass etc?

Think you may have a case duffy!!!