Negligence is basically a type of carelessness that causes another individual to come to harm. Daycare negligence, of course, puts some of the most vulnerable members of society at risk and, therefore, requires an aggressive response. The first thing you have to do is to make sure that the child is taken out of the abusive facility and that the authorities are made aware of the situation. Understanding what negligence is will help you to keep an eye out for it.
A Reasonable Person
You can think of negligence as a situation where someone fails to take actions that would have prevented someone from being harmed or when they take actions that harmed someone and when a reasonable person could have been expected to avoid causing any harm at all. For example, if a child is being habitually bullied at a facility and gets their arm broken in a tussle with another child, the daycare facility may be negligent because of not having supervised and disciplined the child causing the problem. If a staff member abuses the children and it’s neither discovered nor remedied by the administration, the administration may be held to have been negligent by a jury.
Working with a Lawyer
A daycare abuse lawyer will be able to help you if you get into a situation where your child has been harmed due to a negligent daycare facility or staff member. The key is that you have to contact them and you have to contact them in a timely fashion. There may well be time limitations on how long you have to file a lawsuit and, once your window of opportunity has passed, there is no way that you can go back and file for compensation.
When you’re certain that something is wrong at the facility, however, don’t let the unpleasantness of dealing with such a situation stop you from acting. If you believe you have to contact law enforcement, do so. If you believe you need to have a doctor document the signs of the abuse, go visit one. The most important thing is to not hesitate when you know that you have cause for concern. It’s the only way to make sure that you’re removing the threat to your children and to the other children at the facility and, when you don’t act, you may find yourself in a situation where the abuse and neglect only become worse for your child.
1 Comment
I’m a law clerk working on a negligent supervision case involving a child that was pushed into a gate by another child at daycare. The injuried child’s forehead was cut open and part of the skull was exposed. The child that caused the injury was already known to be a problem. I am trying to find relevant causes of action against the daycare facility. I was wondering if you could help. Please advise. Thank you.