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Daycare Injury Law Firm

Daycare-injury law firm

Sadly, parents may not realize their children are being neglected or abused at daycare until signs of harm become noticeable. A child could become a victim of various types of abuse, and the warning signs can vary. Some indicators include when a child comes home from daycare with physical injuries or demonstrates strong changes in mood and behavior. 

Parents who know or suspect their children are the victims of daycare negligence should not hesitate to take action. The daycare injury lawyers at Fielding Law are here to help parents seek compensation against the negligent daycare facility. 

If your child has been the victim of abuse or serious neglect in a daycare center, you have the right to take legal action. Our law firm can help you file a claim against all parties that have harmed your child. Call us at (877) 880-4090 to schedule a free consultation. Someone is available 24 hours a day, 7 days a week, to take your call. 

What to Look for When Choosing a Daycare Center for Your Child

There are approximately 3.8 million childcare settings in the US, with around 97 percent of those being home-based daycare providers. With so many options to choose from, how can parents know which daycare will be the best choice for their child?

Consider the following suggestions of what to look for and what questions to ask when selecting a daycare for your child. 

Daycare staffing and training

When speaking to the owner or director of the daycare, you should ask questions about the staff, such as:

  • How much childcare experience does each daycare worker have?
  • What is the child-to-adult ratio at the daycare?
  • What types of training and certification do you require of your staff?
  • Do you perform criminal background checks before hiring someone?
  • What is the turnover rate of your staff?

Ask to speak to some of the current employees to get a feel for who will be caring for your child. 

Discipline policy

Do not hesitate to have an in-depth discussion about discipline with the daycare provider. 

You may want to ask questions such as:

  • Who administers discipline in the facility?
  • What type of discipline is used?
  • What circumstances merit discipline?

After your child attends daycare, talk to your child about any punishments administered during the day. Ask under what circumstances the discipline was used and if it made your child uncomfortable. 

Outside visitors

Find out who will interact with your child besides the daycare owner and staff members. Sometimes, physical and sexual abuse that happens at childcare facilities occurs from individuals who are directly involved in the care of the children. Potential abusers could include bus drivers, friends or family of the daycare staff, and janitors. 

Do not be afraid to demand that the daycare limit your child’s contact with outside visitors. Be sure to ask your children about who interacted with them at daycare. 

Cleanliness and safety of the facility

During your initial meeting with the daycare provider, request a tour of the facility. Look around and ensure that the bathrooms, kitchen, and play areas are clean and free from hazards. 

Check to see if the daycare has safety features such as:

  • First aid kits
  • Smoke detectors
  • Emergency safety plans
  • Fire extinguishers
  • Safety gates
  • Sturdy furniture

Look at the playground equipment and see if the area is well-padded and free from sharp or harmful objects that could harm a child.

Examine the toys that are available for use and ask about their safety status. Daycare providers should regularly check to see if any playground equipment or toys have been recalled by the Consumer Product Safety Commission (CPSC).

Trial period

Some daycares allow a child to visit for a day or two before the parent signs a contract. If the daycare permits this, spend at least an hour observing the daycare in action before enrolling your child there. 

Take note of how many daycare workers are consistently present with the children, whether the children are indoors or outdoors. 

Observe the daycare center’s schedule and planned activities. Do they have scheduled meals and nap times? Do they take field trips and have educational activities planned for the children? If the daycare just places children in front of the TV or lets them run free, you may want to consider a different facility. 

Injuries That Can Lead to Daycare Personal Injury Claims 

Child injuries that can lead to daycare center lawsuits include:

  • Physical, emotional, or sexual abuse
  • Playground equipment hazards
  • Ignoring a child’s food allergies
  • Choking on food or small objects
  • Slip-and-falls from dangerous property conditions
  • Motor vehicle accidents during pick-up, drop-off, or day trips

If your child was injured at a childcare facility, a daycare injury lawyer can help you investigate how your child was harmed and identify all at-fault parties. 

Examples of Legal Duties of Care Daycare Centers Owe to Children and Their Parents

Daycare providers owe the children enrolled in the facilities a legal duty of care. When a daycare center is negligent and a child is harmed, the child’s parents or legal guardians have a right to file a claim or lawsuit in pursuit of financial compensation.

The following are examples of legal duties of care owed to you and your child by a daycare center:

  • Constant supervision of all children
  • Performed background checks, training, and responsible hiring of all daycare workers
  • Administration of proper discipline carried out within parent-allowed guidelines
  • Provision of clean and safe food and water
  • Attention to all specific medical needs and food allergies of each child

Can I File a Lawsuit If I Signed a Liability Waiver?

When you enrolled your child in daycare, the facility may have requested that you sign a waiver that includes a liability clause. This form is intended to deter parents from taking legal action if an accident occurs and their children are injured. 

It is important to note that you do not have to sign this waiver. However, even if you did sign, this does not necessarily mean you cannot file a personal injury lawsuit against the daycare. In many situations, parents can still pursue legal action against a negligent daycare even if they signed a waiver.

Whether or not you signed a liability waiver, you should contact an experienced daycare injury lawyer if your child has been a victim of negligence. Your lawyer can examine your case and help determine whether you have a viable compensation claim. 

Schedule a Free Consultation With a Daycare Injury Lawyer Today

Our legal team at Fielding Law is saddened by reports of daycare neglect and abuse, but we stand ready to help. We are proud to be strong advocates for the legal rights of children and their parents. 

If you suspect your child has been a victim of daycare negligence, contact the daycare injury lawyers at our law firm. We can investigate the facts of your case and work hard to pursue compensation for your child’s medical expenses, pain and suffering, and other damages. 

We handle all daycare injury cases on a contingency fee basis. You do not have to face any out-of-pocket costs or fees. Our personal injury attorneys only get paid if your case is successful and you get your rightful compensation. 

Schedule your free consultation today. Contact our law firm at (877) 880-4090, start a live chat with a member of our team, or complete the contact form