We at The Rite Nanny know that, sometimes, day care centers don’t do everything they can to keep your children safe. We also know that parents who feel their child has been hurt as a result of a day care’s negligence may not know what their next steps should be.
That’s why we created this website. We want to inform parents of the risks the wrong day care can pose to their children—and how to fight back if the unthinkable happens.
What You Need to Know
You carefully chose the place where your beloved child will be spending time while you’re at work. And you expect that place to provide him or her with a caring, supportive, loving, and safe environment.
When a day care falls short of that expectation—particularly when your child is injured—you may have legal recourse. But because of statutes of limitations and varying laws in each state, you need to act quickly and hire a qualified lawyer to help you make your case.
Doing so could hold the day care accountable and give you compensation for your child’s suffering.
You Might Have a Case
The liability laws that govern personal injury vary from state to state. These laws dictate the circumstances under which you can hold your day care facility responsible if your child is injured while in their care.
Accountability depends on the duty of care the facility has and whether that duty of care was breached. You must also prove that this breach resulted in an injury to your child.
Steps You Need to Take
As the parent of a child who was injured at a day care, you can take several steps if you suspect the day care provider was negligent or otherwise responsible for your child’s injury.
1) Seek immediate medical treatment for your child. This both protects your child’s health and provides documentation of your child’s injuries, which can later be used as evidence in your case.
2) Obtain a copy of all your child’s medical reports and bills once the doctor releases him or her from care. This documentation provides a basis for establishing compensation for your child’s pain and suffering. Pain and suffering compensation is paid independently of any medical bills.
3) Contact an attorney who is experienced with personal injury cases, especially one that is knowledgeable of day care and child care provider laws.
Types of Day Care Injuries
Day care injuries are typically far more serious than just a bump or bruise. Some of the types of day care injuries you should examine carefully include the following:
- Broken bones
- Eye injuries
- Bottle warmer burns
Further, be on the lookout for injuries that aren’t immediately visible. Even in serious accidents that result in concussions, you might not know right away that your child was injured. This category can also include psychological and internal injuries. That’s why it’s important that you follow up with a medical professional on any injury or change right away.
Injuries can happen while children are playing outside or in playrooms, as well as while they are napping in cribs or sleeping areas. If day care providers are negligent, children can suffer serious injuries nearly anywhere.
The Day Care’s Responsibilities
Holding your child’s day care responsible for your child’s injuries means proving the facility failed to prevent an injury by exercising due care. Due care is the day care’s ability to exercise a reasonable degree of care that could prevent such an injury.
The circumstances at your child’s day care, as compared to similar facilities, are also taken under consideration.
To effectively evaluate the nature of your child’s injury, two primary factors are taken into consideration:
- Foreseeability – If the nature of the injury was foreseeable, in that it was an injury a day care facility could reasonably prevent, that could help decide your case. Some examples of an injury that could fall into this category include those that resulted from unsanitary conditions, bumping into an object, or a fall from playground equipment.
- Employee Actions – Were the day care employees negligent in the care of your child, with the results being that she or he was injured? If inadequate supervision of your child by day care staff caused his or her injuries, the day care could be found negligent.
Team Up with a Lawyer
Legal cases involving day care injuries are often complex, and making sure your children are safe often requires an experienced attorney who can investigate the details and make sure the provider is held accountable.
You may receive compensation for your child’s injuries, and, perhaps more importantly, you may keep the negligent day care from injuring more children in the future. So make a strong first move; hire one of the qualified personal injury attorneys at Denena Points, PC.