The parents of a two year toddler have lodged a personal injury claim after their daughter died at a day nursery.
Rhiya Malin was in the care of the Eton Manor Children’s Day Nursery in Essex when the accident happened in 2007. Rhiya’s head became stuck between the wall and the roof of a playhouse but staff did not notice her plight immediately. The little girl struggled and as a result suffered compression of the neck. The first staff knew of the incident was when they called the children and found Rhiya was missing. By that time it was too late to resuscitate Rhiya and she later died as a result of the personal injury.
Jay and Shatl Malin are claiming personal injury compensation from Casterbridge Care and Education, the owners of the nursery, on the grounds that they did not ensure the children received adequate supervision.
The case went to court earlier this week and it was revealed that some members of staff had been making personal calls on their mobile phones at the time of the accident. Mr Malin, the aggrieved father, said that the people responsible had to be held accountable for their actions.
A personal injury solicitor, Simon Davis, commented that this was a very sad tale. In a case such as this the maximum bereavement compensation will be £11,800 and a sum to cover the funeral expenses. It raises the question of whether life should be valued more highly when it comes to damages.