As a parent, one of the important decisions you make regarding your children is entrusting their care to a qualified childcare facility. Signing an agreement with a daycare provider is a mutual exchange that constitutes payment for a specific service. Given the investment you are making, you expect the daycare to adhere to the highest possible standards and operate a safe, secure, and compassionate environment for your child.
When daycare negligence occurs, it can catch you off guard, causing you mental anxiety and stress. You may also be considering taking legal action and asking, “Can I sue if my child gets hurt at daycare?” Hiring a child injury lawyer can help uncover what happened and what route to take. We’ve put together this guide to walk you through the steps.
What Is Daycare Negligence?
Daycare negligence occurs when a child suffers an injury at a childcare facility due to several factors, including:
- Poor staff-to-child ratio: Not having enough staff members per child can lead to improper supervision, which naturally increases the chances of something going wrong.
- Unsafe facility: Premises safety is vital. If a childcare facility has not been adequately childproofed, has improperly maintained equipment, or houses damaged or old furniture, it could pose daily hazards to your child.
- Lack of proper training: The daycare facility may not have properly trained employees regarding CPR and first aid procedures. Even with enough supervision, this lack of knowledge could exacerbate a medical emergency.
- Non-adherence to regulations: Daycare business owners are responsible for adhering to safety guidelines. These guidelines include using age-appropriate learning tools, conducting frequent safety drills, and being prepared to handle crisis situations. Failure to follow these guidelines could lead to dangerous conditions for the children in their care.
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The Four Elements of Negligence
If your child has been hurt at daycare, you may not be aware of the legal aspects involved in the incident. In order to prove negligence, as the plaintiff, there are four critical elements you need to understand. Let’s explore them all in detail.
1. Duty of Care
Duty of care is the first element of negligence. A childcare facility’s primary responsibility is to meet state safety and duty of care standards. In a daycare child injury case, it’s essential for you to establish this element. When you enter into an agreement with your child’s daycare, the staff is legally bound to maintain a safe environment with appropriate, qualified staff. When a daycare’s carelessness ends in harm, injury liability applies.
2. Breach of Duty
The second element of negligence is a breach of duty of care. When a childcare facility does not meet the industry standard for childcare responsibilities, it breaches the duty it is supposed to uphold. A breach of duty may be due to any of the factors of childcare negligence, regardless of whether it is unintentional.
3. Causation
The third element of negligence is causation. This element indicates that harm to your child was caused directly by a breach of duty and that your child’s injury would not have occurred had the daycare acted prudently and adhered to proper standards and guidelines. An experienced legal professional can help prove this.
4. Damages
This final element of negligence, damages, occurs when your child’s injury triggers adverse effects, leading to harm and life-altering injuries. These damages include your child’s emotional and mental trauma, pain and suffering, and medical bills. Damages also consist of lost wage damages for you due to time you may have missed from work to take care of your child.
Establishing Liability in Daycare Injury Cases
Determining injury liability is key to pursuing compensation when your child is injured. Any aspect of daycare negligence demonstrates a potentially unsafe environment for your child and points directly to the daycare provider’s actions. It’s important to know the signs to look for when accessing a daycare’s culture, such as:
- Does your child have injuries that you were unaware of?
- Has your child’s behavior changed suddenly?
- Has your child exhibited inappropriate sexual behavior?
- Have you noticed your child becoming more distant?
- Is your child afraid to go to daycare?
- Is your child behaving aggressively?
- Is your child communicating atypically?
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What To Do When You Suspect Abuse or Neglect
If you suspect abuse or neglect in response to your child’s injury, pursue the matter as soon as you can by taking the appropriate steps. It’s important to document evidence effectively and ensure your child’s safety. First, take your child to a healthcare professional for treatment. Even if you feel the accident is minor, it’s still a good idea to seek medical treatment for your child. Next, carefully document your child’s injury by requesting all paperwork, including state and incident reports. Finally, contact a child injury lawyer to help you determine the severity of your claim and whether you have a viable case.
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Why Hire a Child Injury Lawyer To Handle Your Case?
Given the tense relationship between the U.S. economy and childcare, daycare standards can be difficult to monitor. When accidents happen, they can disrupt your family in ways that are difficult to recover from. Legal representation from an experienced child injury lawyer can help you pursue compensation for your child’s injuries. An attorney will help hold the daycare accountable and ensure fair compensation because they understand daycare negligence laws.
Is It Time To Take Action?
If your child has been injured from daycare negligence, and you’re questioning, “Can I sue if my child gets hurt at daycare?” you don’t have to fight alone. We understand your primary goal is to protect your child’s well-being and hold the daycare accountable. You have the right to take legal action and seek compensation.
You can greatly benefit from local representation when you work with an attorney knowledgeable of child injury laws who will assist you by addressing the details of your case. Accident Hotline is available 24-7 to connect you with a child injury lawyer. Get your free consultation today, or give us a call at (844) 234-0165.
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