Nursery sued after boy 'cut neck on spike'
A mother has won damages from an Edinburgh nursery after her son cut his neck while on an Easter hunt.
Louise MacKenzie, 34, said Rory had been injured after falling on a metal spike in woods behind the nursery in the Cramond area of the city.
Rory, who was four at the time of the incident in April 2017, had to undergo an operation to close the wound.
Little Monkeys Nursery disputed that the injury had been caused by a spike and said the site was not dangerous.
The company's managing director Grace Kerr said: "It is an unfortunate fact that accidents do happen even in the most supervised environments."
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The incident happened in woodland at the back of the nursery premises.
Mrs McKenzie said she was "angry and disappointed" he had been allowed to play in the area, where children had been running up and down a slope which was "too steep".
"They should never been in the area where it happened," she said.
"There was broken glass and big metal spikes everywhere. Rory told me he fell on a hook.
"The area should have been thoroughly assessed before the children were taken there.
"It is not a safe place for young children and it doesn't take a child practitioner to know this, it's common sense."
The consultant who dealt with the case said he thought it was likely that the injury was caused by a metal spike.
In his medical report, Patrick Addison said Rory's parents had been told that he had probably fallen onto a stone or rock.
But, he said: "It is, in my opinion, more likely that the laceration was sustained on a sharper object such as the edge of one of the old metal spikes protruding from the ground and believed to have been part of an old fence or gate."
Last week the nursery agreed to pay a four-figure sum in an out-of-court settlement.
Mrs McKenzie said she had not received an apology.
"I feel angry and disappointed the nursery doesn't think it has done anything wrong," she added.
Glen Millar, from Thompsons Solicitors, said: "'The successful outcome of this case completely vindicates the MacKenzie family, who from the word go wanted to make sure no other family would have to go through a similar terrible experience."
However, Grace Kerr, managing director of Little Monkeys Nurseries, said: "While we will always do everything in our power to prevent them, it is an unfortunate fact that accidents do happen even in the most supervised environments.
"Both the Care Inspectorate and representatives from the City of Edinburgh Council inspected the site where the accident took place, and both parties formally agreed the site, which is used by other nurseries and organisations, isn't dangerous."
She said both organisations had also concluded that the nursery's policies and procedures in support of safe play in the area were "appropriate and adhered to".
"In regard to the specific location of the incident, Little Monkeys is at odds with the parents' account of the events.
"It is worth pointing out the parents weren't there when the accident occurred."