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Child Personal Injury Accidents
Child personal injury in daycare facilities is a serious concern for parents and guardians. When a child is injured while in the care of a daycare facility, it can be a traumatic experience for the entire family. Daycare facilities have a duty of care to ensure the safety and well-being of the children in their care.
Entrusting a child to a daycare or childcare facility requires a great deal of trust from parents, who expect attentive supervision, proper nutrition, stimulating activities, and compassionate care. Unfortunately, negligence can occur, leading to injuries and emotional distress for the child and family.
Negligence in childcare occurs when a facility or provider fails to exercise the degree of care a prudent person would use in similar circumstances, resulting in harm to a child. Daycares and babysitters have a legal duty to protect the children in their care and can be held liable for breaches of this duty through careless actions or inaction.
Falls are among the most common injuries in childcare settings, often occurring during playtime or while navigating the environment. Children may fall from playground equipment, furniture, or while moving through hallways. Falls are the number one cause of injury to children.
Playgrounds are designed for fun, but they can also be sites of serious accidents. These can include fractures, sprains, and strains. Lack of supervision, poorly maintained equipment, or inadequate safety measures can contribute to playground accidents.
Burns can occur from contact with hot surfaces, liquids, or objects in the childcare environment. Common sources of burns include hot beverages, cooking appliances, heaters, or exposure to sunlight without adequate sun protection.
Cuts, bruises, and scrapes are common occurrences in childcare facilities, often resulting from contact with sharp objects or rough play.
Children may choke on food or small parts of toys. Daycares must prevent children from having access to things they might choke on.
Children may ingest toxic substances like cleaning products or medications. Daycares that leave medication or other substances easily accessible to small children are likely guilty of negligent abuse and should be held responsible.
Here’s what to do if your child has an accident at school, crèche, or daycare:
The primary concern following an accident is the child’s well-being.
Seek Medical Attention: Ensure your child receives immediate medical care, regardless of the apparent severity of the injury. Medical records are crucial evidence in any potential legal claim.
Document the Incident: Collect as much information as possible about the accident. This includes:
Report the Accident: Report the accident to the school, crèche, or daycare staff immediately. Obtain an accident report form from the facility. The accident report form should set out the circumstances of the accident and the injuries sustained by your child.
Maintain Records: Keep all medical records, notes from consultations, and receipts for related expenses. If your child is experiencing emotional distress, make notes of the dates, symptoms, and seek appropriate support.
Childcare facilities have a legal duty of care to ensure the safety of the children in their care. This includes:
Who Can Make a Claim?
A minor (a person under 18) cannot make a claim themselves. A parent or guardian, known as the “next friend,” must act on their behalf. The next friend must act in the child’s best interests throughout the claims process.
Contact a Childcare Personal Injury Solicitor at Sherwin O’ Riordan: It is advisable to speak with a child injury solicitor as soon as possible after the accident. A solicitor can advise you on your legal rights and the best way to proceed.
The Injuries Board: A next friend, with the help of a solicitor, can initiate a child accident claim by obtaining a medical report from the doctor/hospital that treated the child following the personal injury. Once obtained, an Injuries Board Form A must be completed and sent together with the medical report and appropriate fee of €45 to the Injuries Board.
Court Approval: All child injury claims must be approved by the court, even if a settlement is reached. This ensures the compensation fairly reflects the severity of the injury and its long-term impact. The judge reviews the medical report and the injuries and ultimately decides whether the assessment and compensation amount is appropriate to the injury.
Time Limits: The statute of limitations for child injury claims in Ireland is different from adult claims. A parent or guardian can file a claim until the child turns 18, with an additional two years allowed post-majority, up to the age of 20. However, it is advisable to act promptly to gather evidence and resolve the matter in a timely manner.
If your child has had an accident at school, crèche, or daycare, the most important thing to do is to ensure they receive medical attention and then to document the incident thoroughly. Contacting a solicitor experienced in child injury claims is also a crucial step to protect your child’s rights.
At Sherwin O’ Riordan, you are never just a case number. You are a person with a story, and we make sure it is heard.
* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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