Daycare negligence is negligence in a childcare setting, where there is a breach of the child care provider’s duty to the children, which is to treat them with reasonable care. You may or may not notice signs of daycare negligence at the daycare center or provider’s home. But at the same time negligence may occur. Which is why you need to contact a daycare negligence lawyer if you believe that a possible issue that exists.
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Can you sue a daycare for negligence?
Was your child hurt at daycare? Daycare negligence very often ends up in a lawsuit where the child is hurt at 
daycare. Here are a few examples where you may be able to sue. Of course, you need to contact a lawyer first but here a few examples where you may be able to sue:
- You may be able to sue if your child was hurt because of the inattention of a caregiver.
- You may be able to sue if you, your child, or your property was injured when other people failed to supervise a child.
Negligent supervision of children can happen at a school, a daycare, a camp, a church, or a private home.
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Some examples of daycare negligence include:
- Facility workers cannot explain injuries your child sustains during the day. This may indicate lack of supervision.
- Dirty counters, cluttered or unorganized play sections, and other potentially hazardous practices.
- Your child’s behaviors change over time, and/or you notice unexplained and unreported bruising.
Liability in Daycare Negligence: What are They Liable for If My Child is Injured?
Injuries to your child can be more than devastating.. When parents need someone to care for their children, they trust daycare facilities to supervise, watch over, and protect them and if their child is harmed, the next feeling is betrayal. How do you overcome that betrayal?
While many daycare facilities make parents sign a liability waiver before taking on their children with the belief that these waivers will have some type of indemnity clause stating that if the child sustains an injury on their property, the provider is not liable. Many parents whose children are hurt while at a daycare facility believe the waiver protects daycare providers from responsibility. There could be nothing further from the truth.
According to History
According to past history, courts have always held that these waivers will not hold up in a personal injury trial, solely because it is unreasonable for facilities to be able to walk away from any responsibility. If this were possible, daycare facilities would have no reason to avoid negligence and hold no responsibility in the event of child injury or death.
Most daycare centers know that the indemnity clauses in their waivers are worthless, but they are included as a bluff to dissuade parents from taking them to court should their child sustain an injury. If your child suffers an injury due to malice, poor supervision, or improper facility maintenance and care, you need to speak with an attorney at Smart2Mediate about your rights.
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What to Do after an Injury at Daycare
If your child has sustained an injury, severe or not, and god forbid death while at a daycare facility, you may have the right to be compensated. To make a claim against a daycare facility, negligence has to be proven.
Proving negligence comes in a variety of forms, from lack of proper supervision to an understaffed facility. The first step is to prove the daycare had a duty to protect your child – proof of payment generally provides evidence of this duty. Next, you must prove the daycare breached this duty through some form of misconduct or negligence. The most common cases of daycare negligence involve an understaffed facility at the time of the incident.
If you would like to take the facility to court, your child must have an injury, and the injury must have been reasonably foreseeable by the provider, due to negligence. With an attorney that handles daycare negligence, you can help to prove the nature and value of your child’s damages. This step can be tricky, as it’s close impossible to quantify the extent of pain and suffering, emotional damage, and future state of your child’s well being. In a court of law, these four stipulations will lead to a solid case against a daycare facility for negligence.
If your child shows signs of abuse, such as suddenly appearing bruises or other indications of potential child abuse, call police immediately to conduct an investigation. The daycare center should have security footage available to prove injury due to abuse. In these situations, compensation will be different from typical injury cases. Call us at Smart2Mediate, our daycare negligence attorneys are here to help.
Daycare Negligence Attorneys – Here to Help
Child abuse or neglect in daycare is something no family needs to deal with. Contact us at Smart2Mediate today to help. Our daycare negligence attorneys are here to help.
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317-912-0956
