My baby is 11 months old. She fell off on a deck missing a stairs. She ended up.with deep scratches on her nose and a

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Customer: Good evening, my baby is 11 months old. She fell off on a deck missing a stairs. She ended up.with deep scratches on her nose and a bleeding nose. We didn't sign any incident report and it took me 5days to found out on what She fell off. I had to see a gp 3 days after the incident as he nose was bleeding and I thought she may have a head trauma or concussions. On day 4 she couldn't stand up or walk so we ended up in ambulance and emergency.
JA: What state/territory are you in? It matters because laws vary by location.
Customer: Qld
JA: What steps have you taken so far?
Customer: None. I'm supposed to meet them on Tuesday and finally have a look at her incident report.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is the lawyer is in cairns!.? Do i have to meet him / her on Monday or should I seek the department of education first
Answered by John Melis in 7 mins 2 years ago
John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important matter about your daughter, where she fell off a dick missing stairs, and injuring herself, was this your residential premises or was this a premises outside, can you tell me a little bit more detail of where this occurred.

I did email the daycare on Tuesday when i was in emergency room to find out exactly on what She fell off.
My husband picked her up on the previous Friday and wasn't able to tell me on what She fell off.
We found out She had an infection on her leg that's explained why She was unsettled and couldn't walk.
But I was so focused on her head trauma I didn't notice it.
The daycare fell to make me sign the incident report.
Her nose was bleeding 3 days after the incident and had to rushed to the gp to have her checked up.
The gp told me she probably had headache and concussions. On Tuesday when she couldn't walk the ambulance told me the daycare should of call them as her nose was still looking bad 4 days after the incident meaning the injuries was bad enough of the day.

John Melis, Expert

Thank you for your additional information.

As your child was heard in the daycare centre, you will be able to bring a negligence claim against that they care centre for compensation.

What is important at the present time is that you have detailed medical assessment report done by relevant specialist, to ensure that your child will not suffer any long-term injuries, and where your child may suffer long-term injuries, with a physical or psychological as a result of the incident, you can then raise a compensation claim against the daycare centre to assist your child in later years

Concerning this important matter, you may have a claim of negligence for breach of duty care by the other party.

A plaintiff (you) claiming negligence must prove, on the balance of probabilities, that:

[1] the defendant (the other party) owed the plaintiff a duty to take reasonable care (as to the design or manufacture of the product, or as to the instructions or warnings provided with the product);

[2] the defendant breached this duty (they did not take reasonable care);

[3] the breach of duty caused or materially contributed to the plaintiff’s injury, loss or damage; and

[4] the injury or damage suffered was not too remote a consequence of the breach of duty.

The standard of care owed by a defendant is determined on a case by case basis and so will depend on the circumstances of each case. The courts will look to applicable professional standards, codes of conduct and evidence of “best practice” in the relevant industry in assessing the standard of care.

The statutes of limitation in force in each Australian jurisdiction may also give rise to a defence. They prescribe the general period within which an action for negligence must commence. Failure to initiate proceedings within the required limitation period will bar the action, subject to the possible suspension or extension of the limitation period.

The general limitation period for an action in negligence is six years from the date when the negligent conduct occurred.

Negligence claims are generally for compensatory damages, although injunctive relief might also apply. Compensatory damages are awarded to compensate the injured plaintiff for the harm suffered, by returning them to the position they would have been in, absent the negligent conduct.

Your claim would be brought into the local court, where you will be able to claim against the other party all costs incurred and economic, which is lost income if you were not able to work as a result.

Your next step is to engage a local lawyer to assist you in raising this claim

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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