We trust that our children are in safe hands when we drop them off at daycare or a childcare center before work, but every year thousands of children are injured under the supervision of their care provider. In some instances, the injury is nothing more than just kids being active and clumsy, but other times provider negligence is involved, and that means you may be eligible for injury compensation. In today’s blog, we take a closer look at how you can pursue compensation in the event negligence or abuse contributes to your child’s injuries at daycare.
Daycare Injury And Abuse
State certified childcare providers are legally required to carry insurance that would protect them in the event that a child is unjustly injured under their care. We always recommend that you ensure these policies are up to date when you select a care provider and you carefully read through the contract you are signing.
When reading this contract, odds are you’ll come across a clause that says something along the lines of “Parents and guardians assume all risk of injury or harm to the child while the child is under the care of the facility.” This is standard legal language, and while it appears to suggest that the daycare center cannot be held liable for injuries suffered on their property, that’s not exactly something they can just declare and make true. It does likely mean that you cannot collect compensation if your child scrapes their knee outside and requires a couple stitches as a result of normal activities, but it doesn’t absolve the center of liability if more negligent or abusive actions took place.
In general, there are five factors you must prove in order to have a legitimate claim to compensation against the daycare provider. The five factors you must prove exist include:
- The daycare provider had an obligation to protect your child from harm.
- The daycare provider violated this obligation.
- The violated obligation was the direct and proximate cause of your child’s injuries.
- The injury must have been foreseeable by daycare staff or management.
- That compensable injuries and damages are present.
That may seem like an extensive list, and it can become challenging to put forth a strong argument on every point, which is why it’s so important to connect with a personal injury lawyer who can prove all of the above factors. But how does a personal injury lawyer go about proving each of the above points? It’s not easy, but we have a lot of tools at our disposal to help build a strong case.
We’ll start by talking with the parents and the child if applicable about the incident. We’ll also want to view the medical report and may even connect with the treating physician to get more information about the injuries, especially if they are consistent with abuse or neglect. Next, we learn as much as we can from the daycare provider. Many of these places have cameras and recordings of play areas, so there’s a good chance the incident was caught on camera. If that’s not an option, we’ll want to view the location of the incident, be it a stairwell, supply closet or playground. Finally, we’ll interview and ask for statements from any relevant staff members to get their perspective on the incident.
Both negligence and abuse cases are tough to win because it’s oftentimes difficult to get the provider to admit their fault. Sometimes it’s not up to them, like if unsafe playground equipment contributed to the accident. But if a child was forcefully grabbed or struck by a provider and there are no recordings, you’re going to have your work cut out for you.
That’s why it’s so important to connect with an injury firm like Hey Workers. We have decades of experience reviewing evidence and getting true statements out of witnesses to help strengthen our client’s case. This is especially important if your child is not at the age where they are considered a reliable witness. Don’t let a daycare provider craft a narrative that lets them continue to neglect or abuse children. Hire a lawyer and get what you deserve for your child.
Even if you aren’t sure if your case meets the five point threshold, there’s no harm in reaching out to a personal injury lawyer. We’ll go over the facts of the case and be straight with you in regards to whether or not we believe you have a case. Injuries suffered at daycare can have lifelong consequences, so fight for what you and your child deserve if a provider failed to uphold their duty of care. For more information or for help with your personal injury case, reach out to the team at Hey Workers today.
