Pram damaged whilst in the care of daughters nursery

J20BABY

Tozer wrote: »

A lot of this will depend on whether you entrusted it to them (like a coat taken in a cloakroom) or if it was like a car park - leave it there at your own risk.

If it was the former, then they have a duty to take reasonable care of it. If they have not done, then they are liable for the damage.

I haven't got a copy of my contract, (the practice manager made me sign one on Tue before I left) so I'm not sure. On one of the letters it just says to ensure that prams are folded and labelled and put in the appropriate area. If its one of the other mums that have done it then its not really the nurserys fault, just annoyed as I'n going to struggle so much tomorrow without a pram, trying to walk my daughter and carry my bags-usually I'd be okay, its just because I'm still recovering from my op.

J20BABY

Amistoso wrote: »

Sorry OP but you didn't fold the buggy up like you were supposed to.
how come you didn't notice at the time that it was broken if the buggy wasn't folded down when you picked your child up? surely you would see then that there was something wrong

I don't hold out much hope for you getting someone else to cough up for a new one, perhaps you can mend it or get a second hand one from gumtree or ebay

So, are you saying if I had have noticed it, it would be different if it had of been damaged?

I didn't notice it because I was tired, in pain and just wheeled it out of the door to the car and DP folded it up and put it in the boot. The place where the damage is, is not noticable until I put my daughter in the pram.

Amistoso_2

J20BABY wrote: »

So, are you saying if I had have noticed it, it would be different if it had of been damaged?

I didn't notice it because I was tired, in pain and just wheeled it out of the door to the car and DP folded it up and put it in the boot. The place where the damage is, is not noticable until I put my daughter in the pram.

No. was asking why you didn't notice it at the time
and that if you had folded it up like you say you were meant to perhaps the "damage" wouldn't have been caused

omen666

Tozer wrote: »

A lot of this will depend on whether you entrusted it to them (like a coat taken in a cloakroom) or if it was like a car park - leave it there at your own risk.

If it was the former, then they have a duty to take reasonable care of it. If they have not done, then they are liable for the damage.

Thanks Tozer, that was what I meant but could not remember the exact word, it must be "Entrusted" and if so therefore they have to take reasonable care and duty to the item. I would say possibly so in this case

ceebeeby

I think that the nursery is liable.

There is a facility for the OP to leave a buggy, therefore, the nursery is accepting (whether consciously or otherwise) a duty of care towards the OP's property.

Whether the nursery (or another parent) damaged the buggy is neither here nor there, the buggy was damaged whilst under the care and protection, which they clearly failed to exercise as without dispute the buggy was damaged.

It makes no difference how much is paid for care etc. The fact is OP entered into a form of service contract by leaving the buggy in a designated buggy space (having confirmed with a staff member that the buggy was not folded). The staff member accepted the buggy was there and in an un-folded state and that is where the duty of care commenced.

I would write to the nursery, giving them a quote for repair or replacement, with photographs etc. I would also let them know as quickly as possible about the damage so they can visually inspect it.

I suspect the outcome will be that buggys will no longer be allowed to be left there though!!

J20BABY

ceebeeby wrote: »

I think that the nursery is liable.

There is a facility for the OP to leave a buggy, therefore, the nursery is accepting (whether consciously or otherwise) a duty of care towards the OP's property.

Whether the nursery (or another parent) damaged the buggy is neither here nor there, the buggy was damaged whilst under the care and protection, which they clearly failed to exercise as without dispute the buggy was damaged.

It makes no difference how much is paid for care etc. The fact is OP entered into a form of service contract by leaving the buggy in a designated buggy space (having confirmed with a staff member that the buggy was not folded). The staff member accepted the buggy was there and in an un-folded state and that is where the duty of care commenced.

I would write to the nursery, giving them a quote for repair or replacement, with photographs etc. I would also let them know as quickly as possible about the damage so they can visually inspect it.

I suspect the outcome will be that buggys will no longer be allowed to be left there though!!

Thanks for your input-thats what I'm worried about, why should other mums have to struggle because I've put a claim in because some selfish person has damaged the pram. I think i'll give the manufacturers a ring today to see if anything can be done, if not I'll have a look in paper for a cheap buggy.

duchy

Might be worth a wanted in Freecycle too

omen666

J20BABY wrote: »

Thanks for your input-thats what I'm worried about, why should other mums have to struggle because I've put a claim in because some selfish person has damaged the pram. I think i'll give the manufacturers a ring today to see if anything can be done, if not I'll have a look in paper for a cheap buggy.

Nice to see all peeple arent out for all sorts of compensation or financial gain but are just as considerate for others and just wanted to be appeased for the breakage they suffered and just want it correcting:money: