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Has your child been injured while at day care?

If you are a working parent, you likely have some anxiety about entrusting your child to another adult while you work. This is a completely normal, healthy and protective response to your situation. However, you have hopefully found a childcare provider or facility that is well-run and that you generally trust. Maybe your childcare provider or facility is even one that your child is eager to visit and that you have come to trust as much as you can.

Unfortunately, accidents can occur in even the most safe, thoughtful and well-run childcare facilities. Sometimes these accidents are not generally preventable and are not the result of negligence on the part of any caregiver. For example, if your child is running in a field at playtime, trips over his shoelaces and knocks out a tooth, that scenario is likely an accident that no one can truly be held accountable for. However, other accidents, injuries and general harm may occur in ways that will allow you to hold a daycare provider accountable if you feel that doing so is appropriate.

In general, if a daycare facility or provider behaves negligently, recklessly or outside the bounds of the law, you may be able to hold that facility or provider accountable for the harm your child has suffered. This is generally true whether or not the actions or omission that led your child to suffer harm were committed intentionally. For example, if the daycare facility is marked by dangerous conditions that the owner should have been reasonably aware of, you may be able to point to these conditions as evidence of negligence or recklessness, even if the owner was not ultimately aware of these conditions.

Every day care injury is unique. Therefore, it is generally a good idea to speak with an attorney experienced in these kinds of cases before you settle on any particular legal option available to you.

Source: Findlaw Injured, β€œChild Injured at Day Care: Should You Call a Lawyer?” Daniel Taylor, Oct. 23, 2014

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