Daycare facilities are legally obligated to provide adequate care and supervision for children. When daycare owners and staff members fail to meet this responsibility, the children under their care can suffer serious injuries.
You expect daycare staff to watch over your child’s safety. If a daycare provider’s negligence has caused your child to suffer, it is understandable that you may be distressed and angry. You do not have to navigate this difficult time alone; our daycare negligence lawyers are here to help.
The daycare accident lawyers at Fielding Law are dedicated advocates for the legal rights of injured children. We will work hard to help you hold whoever injured your child fully accountable for the harm caused. Contact us today to schedule a free case consultation. Call us at (877) 880-4090 or complete the contact form to schedule an appointment.
Common Causes of Daycare Injuries
Typically, children are energetic, and a lot can happen to an active child throughout the day. Understandably, your child may occasionally suffer a minor bump or bruise at daycare while playing. However, if your child is seriously injured, this is an entirely different situation.
Some common causes of serious injuries at daycares include:
- Falls: A fall down stairs, on a hard surface, or out of a window can leave a child severely injured. Stairs in daycare centers should be equipped with barrier gates to prevent access to small children, and windows should have proper locks and guards to prevent small children from falling out of them.
- Poisoning: Medications, cleaning products, and other toxic substances should be properly stored to prevent curious children from consuming them.
- Playground equipment: All toys and playground equipment should be properly assembled and regularly maintained. Daycare owners should regularly check that no toys on their premises have been recalled due to safety issues.
- Choking: The American Academy of Pediatrics listed choking as the leading cause of injury to children 3 years old or younger. A child left unsupervised can choke on foods or other objects, which could result in brain damage or death from lack of oxygen.
- Sharp objects: Knives used for preparing meals, scissors used for art projects, and hypodermic needles for students who need medication may be present in a daycare setting. These items should be properly stored and kept out of the reach of the children.
- Pool or bathtub accidents: Children near or in pools or bathtubs should be closely supervised. When a pool on the premises is not in use, it should be made inaccessible to children through the use of fences, self-locking gates, or other appropriate barriers.
- Motor vehicle accidents: A child could be injured or killed in an accident involving a bus, van, or another vehicle that transports a child to daycare or offsite activities. If the driver was a daycare center staff member, he or she could be liable for your child’s injuries.
A Daycare Accident Lawyer Can Help Establish Liability for Your Child’s Injuries
A daycare injury lawyer can help you hold all parties who have caused injuries to your child through negligence or deliberate actions liable.
The following are some of the most common defendants in daycare injury cases:
- Daycare facility: The party most commonly liable for daycare injuries is the owner of the facility. When you entrust a daycare with the care of your child, that entity has a legal obligation to care for the safety and well-being of the child.
- Daycare staff members: If a specific staff member is responsible for your child’s injuries, you may be able to file a personal injury lawsuit against him or her directly.
- Staffing agencies: Staffing agencies for daycare centers must conduct background checks and carefully screen all applicants before sending them to a childcare facility. If they fail to do so and that individual harms a child, the staffing agency may bear liability.
- Manufacturers of defective products: Manufacturers of toys, playground equipment, and other products must adhere to established safety standards. If your child suffers harm from a defective product, you may have a valid personal injury claim against the manufacturer.
Signs of Daycare Abuse or Neglect
As a parent, you want to do everything you can to protect your child from harm. Unfortunately, if parents do not know what to watch out for, daycare abuse could go unnoticed. Knowing what to look for can help parents identify warning signs and take steps to protect their children.
The following are possible signs of daycare neglect or abuse:
- Bruises or cuts: Physical abuse is usually the easiest type of abuse for parents to identify. Unexplained bruises, cuts, scratches, or welts may signal daycare child abuse. Additionally, if your child flinches at sudden movements, such as a raised hand, this could be a sign of abuse.
- Thirst and hunger at pickup: If your children consistently are hungry and thirsty when you pick them up from daycare, this could be a warning sign that they are not being provided with adequate food and drink throughout the day.
- Regressive behaviors: Signs of traumatic abuse may include regressive behaviors such as thumbsucking, bedwetting, excessive crying, and fear of the dark.
- Soiled diapers and diaper rashes: What if a child has a soiled diaper every time he or she is picked up from daycare or develops a long-lasting diaper rash? This indicates that the daycare provider does not regularly change the diaper throughout the day, which is a form of neglect.
- Changes in personality: As a parent, you know your child’s normal personality and behavior better than anyone else. If your child becomes shy, depressed, or fearful when he or she makes a mistake, this could be a sign of daycare abuse.
- Unusual interest in sex: A child being sexually abused is a horror for any parent. Showing inappropriate sexual knowledge or behavior is a potential sign of sexual abuse.
- Recurring nightmares: A child who is taunted, teased, or tormented at daycare may have nightmares and difficulty sleeping through the night.
How a Daycare Injury Lawyer Can Help If Your Child Was a Victim of Daycare Abuse
When someone is responsible for your child’s injuries, that person should be held responsible for his or her actions. You can take steps to hold the at-fault party responsible by filing a personal injury claim or lawsuit against them.
Unfortunately, most negligent daycares and their insurance providers will not readily admit fault and offer financial compensation for your child’s injuries. Instead, negligent providers may deny liability and even try to pass the blame onto you or your child.
The experienced daycare accident lawyers at our law firm are familiar with the tactics defendants and their insurance companies use to avoid the payout of claims. We can help you and your child get the justice you deserve.
Your daycare accident lawyer can take the following steps on your behalf:
- Investigate and determine the cause of your child’s injuries
- Identify all parties responsible for the incident
- Gather proof of abuse or neglect
- Protect your child from being blamed
- Consult experts to assess the value of your claim
- Negotiate with insurance companies for fair compensation
- Litigate your daycare injury case in court if a fair settlement is not reached through negotiations
Daycare Injury Compensation
At Fielding Law, we know that no amount of money can fully compensate for your children being injured by someone you trusted to care for them. Still, financial compensation can provide a sense of relief and stability during uncertain times.
The types of compensation available in daycare injury cases are similar to those available in other personal injury claims.
As we navigate your case, our legal team will identify all potential damages, which may include:
- Medical bills
- Pain and suffering
- Emotional distress
- Therapy and counseling
- Loss of enjoyment of life
It is important to have a skilled and experienced daycare accident lawyer on your side while pursuing compensation for your child’s injuries, since the at-fault parties and their insurance companies will do their best to devalue your claim.
Your daycare accident lawyer will work to calculate compensation for your child’s current injuries and project how these injuries may affect your child for the rest of his or her life. At Fielding Law, we take our time and pay attention to even the smallest details to properly value your child’s case.
Schedule a Free Consultation With a Daycare Injury Lawyer Today
You should take action immediately if you suspect your child has suffered from negligence or abuse at a daycare facility. Your child’s daycare provider should be held liable for failing to keep your child safe. A daycare injury lawyer can assess the facts of your case, explain your legal options, and help you determine whether you have a viable claim.
When you choose Fielding Law to handle your daycare injury case, you can be assured that you are working with a legal team that cares. We will use our knowledge, skills, and experience to get the best outcome for you and your family.
Our law firm handles all child injury cases on a contingency fee basis, which means you will not pay any upfront costs or fees when you work with us. Contact us today to schedule a free case consultation. Call us 24/7 at (877) 880-4090.
