Once you entrust your child to a daycare, you expect that the staff will take care of your child. You expect your child will be safe and well-protected. The last thing you want is to find out that your child has been badly injured at the facility, or that they were abused and the staff acted negligently.
No matter what the cause may be, don’t feel helpless. If your child was injured under the daycare provider’s supervision, then contact our seasoned daycare injury lawyer. Our lawyer can provide you with quality legal guidance and help you receive full and fair compensation for the injuries caused to your child. Furthermore, we’ll also ensure that such or similar daycare injuries are not repeated in the future by the party at-fault.
Standard of Care that the Law Requires From Daycare Center
By law, it is every daycare center’s responsibility to provide a reasonable standard of care to children who are enrolled with them. This applies to all staff members and daycare service provider. They must monitor the behavior of children throughout their stay. Furthermore, standard of care ensures a reasonable amount of attention should be paid to the child because that is what parents expect from a care provider.
Extent of Injury to Your Child
Before you file a case, it is important to take into account the nature and extent of the injury to your child. To determine this, answer the following questions:
- Does the injury caused at the daycare center to your child put him or her at risk to long-term consequences?
- Was your child transported to the hospital and in an ambulance?
- Did the injury caused at the daycare require a surgery or require ongoing medical treatment?
- Does it require a long recovery time?
If your answers are yes to the above questions and you have evidence that the daycare didn’t meet the standard of care, then consider legal action against the child’s daycare facility. In such a situation you are mostly likely to be financially burdened because of costly surgeries, hospitalization and ongoing medical treatment. By law, the victim deserves to be compensated.
Although we understand that no compensation can turn back time, but at least it can lessen the financial burden on your shoulders and help you smoothly pay for medical expenses.
Furthermore, by taking legal action you can get justice and hold the responsible party accountable. It will give you a sense of closure once justice is served.
Determining Liability
Anything that is deemed unsafe for a child can violate the standard of care as set by law. Therefore, you can establish liability against the daycare provider if daycare neglect involved the following:
- Toys that led unsafe conditions like uncovered batteries or wires sticking out
- Unsafe equipment in the playground
- Electrical hazards and risks at the center
- Insufficient staff to children ratio
What if You Have Already Signed a Liability Waiver?
Some parents think that they can’t hold the daycare provider accountable for the injuries of their child caused by daycare abuse or negligence because they have already signed a liability waiver. However, that’s not true. That’s right; even if you’ve signed a waiver, you can still hold the daycare provider accountable.
The indemnity clause under the section of liability waiver doesn’t bar you from taking legal action in case your child gets injured at the daycare. In fact, in all circumstances, courts agree that liability waivers hold absolutely no validity. This is because these waivers essentially grant the daycare centers the right to act negligently without the threat of legal repercussion.
Also, all daycare providers are well-aware that such liability waivers are considered obsolete in the court. They still use them because they know that parents are not aware of it and use it as a deterrent for parents thinking about taking legal action.
How to Prove the Daycare is Liable for Your Child’s Injury?
In order to take legal action against the daycare service provider you will need to prove that they are liable for your child’s injury. By law you must prove the following:
- The daycare service provider violated the obligation that they had to you and your child
- The breach led to your child’s injury at the daycare. Your child sustained injuries because of the accident at the daycare.
- It was not an anomaly and could’ve been foreseen
- You have valid evidence about how the injury to your child occurred at the daycare as well as supportive evidence showing that the service provider is at fault for the injury that your child sustained.
It may be easy for you to prove the daycare liable for your child’s injury on your own. Therefore, it is advisable that you seek legal assistance from our daycare abuse lawyer. Allow our lawyer to handle your case. Our lawyers will investigate the case in depth and collect all valid evidence on your behalf to prove that the daycare provider is liable for the injuries sustained by your child.