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Joey asks: My son severely lacerated his ear on a pipe at childcare. He was unattended in the bathroom and requires plastic surgery to repair the ear. I want to make sure he gets the best care possible. If I seek compensation from the childcare, how long will it take? I could probably afford the costs upfront.
Brydens answers: Childcare centres owe a duty of care to the children in their charge. In the event there has been a breach of that duty a claim for compensation may be available. The fact the child suffered injury at the childcare centre is not in itself evidence of any breach of duty of care. What needs to be proven is that the childcare centre failed in taking proper and adequate precautions for the safety of the child. This could take many forms. Failure to have sufficient supervision could be evidence of a breach of duty of care if it contributed to the injury.