By Daniel Quaker. Last Updated On 22nd March 2022. In this guide, we will look at accidents in which a toddler is injured in a public place, in which a third party is liable for the child’s injuries. By this, we mean an accident that happens to a child aged between 12 and 36 months, which causes them to become injured. Clients often ask us “my child was injured at daycare”, or “my child was injured at nursery, can I claim compensation for my child?” If the accident was not the fault of the child, their parent or guardian, but was caused by negligence on the part of a business or organisation that has a duty of care towards them, then you could be entitled to claim compensation for their injuries on your behalf.
How Much Could I Claim If My Child Is Injured In A Public Place?
If your toddler was injured in an accident that was not their fault, trust us to provide you with the right personal injury lawyer to handle your toddler injury claim. They are a well respected personal injury law firm that specialises in public accident claims for children and adults.
If your toddler has been injured or made ill because of negligence on the part of someone else, your child could be owed thousands of pounds in compensation. To get started on your child injury claim, call us today.
They can offer all clients a free consultation and will be able to assess whether or not you have the right to claim compensation for your toddler’s injuries. They can then estimate how much compensation you could potentially claim on their behalf.
Select A Section
- A Guide To Claiming Compensation For A Toddler Accident In A Public Place
- What Are Toddler Accidents In Public Places?
- Calculating Personal Injury Claims For Toddler Accidents In A Public Place
- What Compensation Could I Claim On Behalf Of A Toddler?
- How Could A Toddler Be Injured In A Public Place?
- Toddler Fall Accidents And Injuries In Public Places
- My Toddler Was Injured In A Public Play Area, Could I Claim Compensation?
- Toddler Injuries In A Nursery
- Toddler Accidents In Shops And Supermarkets
- What Is The Role Of A Litigation Friend In Claiming For A Toddler’s Injury?
- My Toddler Was Injured, What Happens To Their Compensation Settlement?
- My Toddler Was Injured, Who Could My Claim Be Made Against?
- How Long Do I Have To Make A Toddler Accident Claim?
- No Win No Fee Compensation Claims For Toddler Accidents In A Public Place
- How Do I Start A Claim For A Toddler Accident In A Public Place?
- Frequently Asked Questions
- Resources And Guides
It is often thought that if a child becomes injured in an accident that the accident was the fault of the child, or if they are very young their parent or guardian. Ofcourse, parents and guardians are responsible for their child’s health, safety, and welfare.
However, if you are in a public place such as the premises of a business, or a park that is managed by the local council, toddlers could be injured by health and safety hazards just the same as adults. If a child is injured because a business, council or other organisation neglected their duty of care towards them, you could be entitled to make a public injury claim on your child’s behalf. Similarly, if it was a situation where another party was responsible for safety for your child such as a nursery or daycare centre, you could make a claim against that business.
If you make a successful personal injury claim on your child’s behalf, you will be awarded general damages to compensate your child for the pain, suffering, and loss of amenity that they have experienced as a result of their injuries or illness. Your child will be able to access these funds after they turn eighteen. You will also receive special damages to reimburse you for any expenses your child’s injuries have cost you, such as medical expenses, and will also be able to receive funds for any expenses you still have, related to their injuries.
In this guide, we will look at how toddlers could be made ill or injured in a public place, in detail. We will also advise you how to make a compensation claim for a toddler accident in a public place, including how to appoint a litigation friend to represent your child. There is also a personal injury claims calculator included in this guide, which will help you estimate how much money you could claim. Remember, if your toddler was injured at nursery, or your toddler was injured elsewhere because of negligence on the part of another party, you could claim compensation on their behalf.
Contact us today and ask us “can I claim compensation for my child?” An informed advisor will be happy to let you know if you have legitimate grounds to make a child personal injury claim accident right away.
Toddler accidents in a public place are when a child aged between 12 to 36 months is injured because of negligence on behalf of another party. If an adult is injured in a public place because of negligence on the part of a party that owed them a duty of care, they could be entitled to claim compensation for their injuries from said party.
However, if a toddler or child who is under the age of eighteen is injured in the same set of circumstances, a parent, guardian or “legal friend” must claim compensation on their behalf, which will be used to benefit the child. What to do if your child has an accident? Call a public injury lawyer today, to see if you could win your child compensation.
If your child was injured or made ill because of an accident in a public place, you may be able to claim compensation on their behalf. The compensation payout will typically come from the defendant’s public liability insurance. We have included a personal injury claims calculator to help you to estimate how much compensation your child’s injury claim could be worth.
Alternatively, call to speak to one of our public injury claims advisors, who could provide you with an accurate estimate of how much your son or daughter could be owed, depending on their personal circumstances.
Part of the child injured and how serious it was Possible compensation Information about the injury
Hand - minor to serious £800 - £54,280 Many different injuries can affect the hands.
Neck - minor to severe From up to £2,150 - £130,060 Could happen in conjunction with injuries and harm to the back and shoulders. Whiplash is common.
head/ brain - minor £1,940 to £11,200 Only minor injuries which you will quickly recover from.
Arm - less severe to severe £16,830 - £114,810 Extremely serious, but short of losing the arm.
Shoulder - moderate upto severe £6,920 - £42,110 May be caused by or happen at the same time as injury to the upper back or neck.
Back - minor to severe From up to £2,150 - £141,150 Could affect any part of the back. Could also be accompanied by pain in other parts of the body.
Pelvis/ hips - esser to severe From up to £3,460 - £114,810 There are a variety of different ways that these injuries can happen.
Wrist - minor to loss of function £3,090 - £52,490 Most serious injuries similar to the loss of using the hand effectively as the wrist no longer functions.
Leg - less serious to severe Up to £119,210. Amputations could be awarded more. There are a variety of different ways that these injuries can happen.
Feet - modest up to amputation of your feet From up to £12,050 to up to £176,660 There are a variety of different ways that these injuries can happen.
Children’s public injury compensation payouts are usually awarded in two parts. The first part is general damages. General damages are awarded to compensate the child for the pain, suffering, and loss of amenity that they have experienced as a result of their injuries. They are able to access these funds after their 18th birthday.
The child could also be awarded special damages. This could be compensation to reimburse you for expenses you have had to pay, which you could receive immediately, and funds to pay for any future or current treatment that your child may need. Special damages that could be claimed for include:
- Medical expenses
- Travel expenses
- At home adaptations expenses
- At home care expenses
- Mobility equipment expenses
Whether your toddler’s accident means that they need long-term or short-term treatment, special damages will ensure that your child receives the best possible care for their injuries.
There are many common accidents in public places. Unfortunately, because toddlers are still at an early stage of development they have problems judging how safe a situation is and don’t have the same motor control as adults, which means that certain situations could be more risky for them, sometimes requiring additional control measures to be put in place to mitigate risks. In this guide, we will advise you on how your child could be injured in a public place, when proper precautions to protect the safety of your child were not taken. Here are some common toddler accidents in a public place, that could happen if proper standards of health and safety have not been upheld:
- A toddler is injured at nursery or at a daycare center.
- A toddler is injured in an outdoor playground or indoor soft play area
- A toddler trips on a hazard on the floor, or falls on staircases.
- Pavement accident injuries.
- Dog bites in parks, on public footpaths or in private homes
- Accidents in shops, restaurants or hotels.
We will now look at some common public place accidents a toddler could suffer, in more detail.
If your toddler has fallen because of a trip hazard, negligent childcare, or inadequate safety precautions (for example, there not being an adequate safety bar in a children’s playground), and has been injured as a result you could be entitled to claim compensation for their injuries. What happens when your baby falls? If your baby becomes unconscious, there is bleeding from their nose or ears, their pupils are different sizes or any of the other symptoms in this guide, call 999 or take them to the nearest hospital accident and emergency department immediately.
Playing in a playground is an important part of early childhood. Playgrounds allow children the opportunity to exercise, use their imaginations and blow off some much-needed steam. Playgrounds could also teach children about assessing potential risks involved in using equipment such as a swing or a slide, teaching them to carefully negotiate the world around them.
However, if proper standards of health and safety have not been upheld, the child could become injured. Common health and safety hazards that cause injuries in playgrounds could include: exposed metal, nails or sharp objects, damaged soft flooring, obstacles on the floor causing a trip hazard or missing steps on high equipment such as a climbing frame, causing them to fall.
When you drop your toddler off at nursery or a daycare centre, you are putting your trust in that organisation and that they will look after your child responsibly. If you are a parent who has a horror story to tell such as “my child was injured at daycare,” or “my child was injured at nursery” then you may feel rightfully angry and want your child to be compensated for their injuries.
Injuries your child could experience in a nursery or daycare centre could include being hurt by stacking chairs, a fire extinguisher, tripping over a broken paving slab in the playground or doing something dangerous because they were not adequately supervised.
The most common type of accidents that adults and young children alike could suffer from are slip, trip and fall injuries. These could be caused in a supermarket or shop if the floor is damaged or obstructions or spillages have been left on the floor and not cleaned up. Some slip, trip or fall injuries could be minor, others could have more lasting consequences such as broken bones, or soft tissue injuries.
If your toddler has been injured because of common accidents in public places listed above, or any other sort of accident that was not your fault or theirs, you could be entitled to make a toddler injury claim on their behalf.
Children cannot legally claim compensation if they are under 18. A litigation friend is a person who acts on behalf of the child in their compensation claim. A litigation friend will usually only be appointed if the case goes to court. You can find out more about the role of a litigation friend and whether you are eligible to be one in this guide produced by the UK Government.
Your child will be able to access their funds once they are 18. If funds are needed to help pay for treatment or care they need now, these funds will be allocated as special damages and the parent or guardian will be able to spend this money on behalf of a child.
A public injury is defined as an injury where an organisation or business has liability towards members of the public that use their premises or facilities, or they have a working relationship with. This is often called public liability. If your child was injured because of an accident that was caused by negligence on the part of someone else, it is important to establish who is responsible for their injuries.
Liability will be established by proving that another party had a duty of care towards your toddler and they neglected their duty of care, resulting in an avoidable accident which caused them an illness or injury. In some more complicated situations, your solicitor may have to investigate to establish liability. If your claim is successful, compensation for your toddler’s injuries will be paid via their public liability insurance.
If your toddler was injured in a public place, you will have three years in which to claim compensation from the date that they were injured, or the date that their injuries or illness was diagnosed. Alternatively, once your child becomes an adult on their 18th birthday, they will three years in which to begin a claim on their own behalf. We recommend contacting a public accident lawyer as soon as possible, to ensure that you do not fall outside of the personal injury claims time limit.
If your toddler was injured in an accident that was not their fault, or the fault of a parent or guardian, then you could be entitled to make a toddler injury claim on their behalf. Whether they were injured in a playground accident, accident at daycare or were injured at nursery, your child could be entitled to compensation that they will have access to when they become an adult.
The last thing you want to have to think about if your child is injured is how to fund a compensation claim. This is why No Win No Fee claims can be extremely helpful. For you as a claimant, this means that your lawyer (or solicitor) will offer you a conditional fee arrangement. They will handle your claim without charging you an upfront fee. Instead, they will only charge you a fee on the condition that you win your claim.
If you do not win your claim for an accident in a public place, you will not have to pay your fee, so there is no financial risk involved to you. For many people claiming on behalf of a toddler, this means that making a no win no fee claim, is the less stressful option.
To discuss whether or not you could be entitled to make a no win no fee claim, contact us today for free. Our friendly advisors will be able to advise you on what are the best options for you to take.
If you are a parent with a horror story such as: “my toddler was injured at nursery”, “my child was injured at daycare” or your young child was injured in a public place, because of negligence on the part of someone else then you could be entitled to claim compensation for their injuries on behalf of your child.
Call us today to talk to an expert about claiming compensation for toddler and young child accidents in a public place. If during this initial call they think you are entitled to make a public injury claim, you may be offered the services of an excellent personal injury lawyer who could start working on your claim straight away.
Can A Child Claim Compensation?
Anyone under the age of 18 cannot make a claim themselves. As mentioned earlier in this article, this does not mean that a claim can’t be made. However, it would have to be done so by a legally-appointed litigation friend. This can be the child’s parent/guardian, but also a family friend or legal professional such as a solicitor.
Alternatively, the injured child can wait until they turn 18 before starting their own claim. This is because the usual 3-year time limit to begin a claim is frozen until the child reaches adulthood. It would begin on their 18th birthday.
What Happens To Children’s Compensation?
The settlement is generally not awarded to a claimant under the age of 18. However, it is held by the Court Funds Office until they become a legal adult. Certain withdrawals can be made before the child turns 18 by a parent or guardian. Although, the withdrawals must be the benefit of the child, and a judge may be required to decide whether or not to allow the withdrawal.
What To Do If A Child Has An Accident?
Many of the processes involved in making a claim for a child don’t differ too much from claims for injured adults. You will still need to seek medical attention for the child, as well as gather evidence to support the claim.
One of the main differences will be that you are likely to have a larger window of opportunity to begin the claim. This is once more due to the 3-year time limit stated in the Limitation Act 1980 being suspended until the child turns 18.
Accidents In A Public Park
How to make a public park accident compensation claim
Find out more about what you can do in this circumstance.
A more general guide of ours on this topic.
Read up on how to claim.
More on this specific type of injury
A Guide From Legislation.gov.uk
Information about the 1984 updates to the Occupiers Liability Act.