As a parent, learning that your child has been hurt at daycare can evoke a wave of emotions and questions. It’s natural to feel overwhelmed, especially when the place you trusted to care for your child appears to have failed in that responsibility. Knowing what options you have and whether pursuing a lawsuit is an option if your child was hurt at daycare is important. Learn what you may need to know.
If a Child Is Hurt at Daycare, Who Pays?
The first step to seeking compensation after a daycare injury is understanding who is responsible. When it comes to daycare injuries, there are several parties who may be at fault, and determining liability can help you decide if you have grounds for a lawsuit. A lawyer can assist you in identifying who can be held accountable, especially if you're unsure.
The Staff
Daycare staff have a fundamental duty of care to the children in their charge. They are responsible for supervising the children and ensuring that they are safe. If your child is harmed because the staff were not paying attention, such as
if your child was injured by another child or by unsafe play equipment, the daycare staff could be held responsible.
The Facility
In some cases, the problem that caused the injury may be a facility-wide issue, or something that management knew about but failed to address. This might include things like faulty toys, broken play equipment, understaffing or a failure to uphold proper safety standards. If the daycare failed to maintain a safe environment for your child, then the daycare facility itself could be responsible for the injury.
An Outside Party
Occasionally, an injury may occur due to faulty equipment, such as a swing set or teeter-totter. If the equipment is defective, the company that manufactured it may be responsible for the injury. Whether or not the daycare took proper steps to maintain the equipment and whether the child was using it as intended can influence whether the manufacturer or the daycare is at fault.
What Kinds of Injuries Happen at Daycares?
Daycare injuries can take many forms, and understanding what kind of injury your child sustained is important when determining whether you have grounds for a lawsuit. A lawyer can help you evaluate the type of injury and guide you through the process of pursuing compensation.
Injuries Caused By Improper Supervision
When a daycare provider fails to supervise your child closely enough, accidents can happen. Without proper oversight, children can fall, get into incidents with other kids or run into objects, all of which can lead to injury. Additionally, if children aren't closely monitored, they might get into potentially dangerous items such as scissors or electrical outlets, putting themselves at risk of harm. Proper supervision is key to preventing these types of accidents and ensuring a child's safety.
Injuries Caused By Neglect
Neglect goes beyond just improper supervision. It refers to situations where a daycare provider fails to meet the basic needs of a child, such as leaving them hungry, thirsty or in soiled clothing or diapers for extended periods. If you notice that your child is consistently neglected during pick-up, this can be a sign that the daycare isn’t living up to its responsibility.
Injuries Caused By Abuse
While not common, daycare abuse does occur on rare occasions. There are three main types of abuse that may happen in a daycare setting:
- Physical abuse: This includes hitting, shoving or otherwise hurting a child intentionally.
- Emotional abuse: This involves verbally berating or isolating a child, which can cause lasting emotional damage.
- Sexual abuse: Though it’s a difficult topic, sexual abuse can sometimes happen in daycare settings. If you suspect your child may have been abused, it’s essential to talk openly with them and encourage them to report anything that doesn’t feel right. Consult a lawyer and law enforcement immediately if abuse is suspected.
Remember, a child should never be intentionally harmed by daycare providers. If such an event occurs, your priority should be protecting your child and seeking legal counsel immediately.
What Steps Should Be Taken to Sue After a Child Is Hurt at Daycare?
If your child has been hurt at daycare and you’re considering a lawsuit, there are a few essential steps to help move the case forward. Here’s what you should do:
Get Medical Care for Your Child
The first priority should always be your child’s health and well-being. Seek medical care to ensure that they receive proper treatment and that their injuries are documented. This documentation also helps prevent the daycare from claiming that the injury occurred outside of their care.
Talk to the Daycare Staff
Once your child is safe and has received medical attention, it’s important to talk to the daycare staff. Ask if there is any documentation or a report on the incident. If they are claiming that the injury was a one-time accident, see if they’re willing to provide security footage or written documentation.
Consult a Lawyer
If you plan to take legal action and sue after your child was hurt at daycare, it’s important to consult a lawyer. An attorney who specializes in personal injury cases can help you identify the responsible parties, assess the nature of your case and determine what kind of compensation you may be entitled to.
We Are Here to Help After Your Child Has Been Hurt at Daycare
At the end of the day, your top priority should be taking care of your child. If you find yourself in a situation where your child gets hurt at daycare, you don’t have to go through it alone. At Sargon Law, we understand the emotional and financial strain a daycare injury can cause. We’re here to help families get the compensation they deserve.
Contact us today to begin the process and get the support you need.
