Accidents in preschools happen, although every educational institution strives to prevent them by ensuring children's safety. However, when an accident occurs, the question arises: who is liable and how can you pursue compensation? The answer to this question depends on several factors, such as the cause of the accident, the location of the incident, and the degree of negligence on the part of the caregivers. This article explains the legal basis and the procedure for applying for compensation.
Legal basis of liability
- Fault-Based Liability – Under the provisions of the Civil Code (Article 415), a person responsible for damage resulting from their own fault is liable for redress. In the context of a preschool, liability may apply to facility employees, such as educators, who failed to fulfill their duties of supervision over a child. For example, if a child was injured while playing while the caregivers were engaged in other activities and failed to provide proper supervision, negligence may be considered a fault.
- Liability based on supervision (fault in supervision) – Pursuant to Article 427 of the Civil Code, anyone who, by law or contract, is obligated to supervise a person who, due to age, mental or physical condition, cannot be held responsible, is obligated to repair any damage caused by that person, unless they fulfilled their supervision obligation or the damage would have occurred even if supervision had been exercised diligently. In the case of preschools, this liability applies to caregivers who assume the duty of supervising children during their stay at the facility.
When is the kindergarten liable?
The liability of a kindergarten or its employees may arise in several situations, such as:
- Lack of proper care – when educators failed to provide adequate supervision, e.g. a child wandered away from the group and had an accident.
- Failure to adapt the facility’s conditions – if the accident resulted from failure to ensure the technical condition of the building, equipment or playground (e.g. slippery floors, damaged toys).
- Inappropriate organization of activities – the kindergarten is also responsible for properly organizing activities that do not expose children to danger.
- Lack of employee training – if the accident resulted from incompetence or lack of training of staff, the facility is liable.
How to apply for compensation?
Every accident should be recorded in the preschool's records, and the child's parents should receive a report describing the incident. Parents should also gather all evidence confirming the circumstances of the accident and the facility's negligence. This may include photographs of the scene, witness statements (other parents, preschool staff), and medical records confirming the child's injury. Most preschools have third-party liability insurance policies that cover damage caused on the premises. Parents can file a claim directly with the insurer. If the insurer refuses to pay compensation or offers an understated amount, parents can take the matter to civil court.
For more information, please contact us. We will assist you at every stage of the process to obtain the compensation you deserve.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of December 10, 2024
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