Daycare Negligence: When It’s Time to Take Action
Posted on Sep 22, 2015 9:30am PDT
Even when you've done your research to find your child the best daycare facility, there's always the possibility that your child will get hurt, or that your child will be in the hands of unscrupulous caregivers.
If your child is injured at a daycare, or worse, abused, there could be more than one possible defendant, including the person who injured your child, the staff members who were supposed to be supervising your child, or the owners of the facility.
If your child was injured while at the daycare facility, here are some things to consider:
When Your Child is a Victim of Negligence
If a child's injuries were unintentional and a result of negligence; for example, a ladder was left out and the child climbed to the top and fell, sustaining a head injury, you may be able to prove that the caregivers were negligent.
A caregiver is negligent when they owed a duty to care for a child and they breached that duty by acting below the accepted standard of behavior in a situation. In this case, the caregivers should not have left a ladder out around small children.
Examples of negligence, include:
- Failing to provide proper supervision
- Providing an unsafe premises
- Committing a crime; for example, child abuse
When Your Child is a Victim of 'Abuse'
As deplorable as it is, child abuse is not uncommon in private daycares and large daycare facilities. Lawsuits have been filed against caregivers who engage in unmentionable acts of abuse, and still, children are abused by trusted caregivers every day.
If your child was abused by a caregiver, you may be able to file a civil lawsuit, in addition to any criminal charges that are brought. Even in the absence of physical injuries, if your child was subjected to severe emotional abuse, you may be entitled to damages.
Contact an experienced personal injury lawyer to find the best way to proceed and to help you get the compensation your child deserves.