It is normal for children to experience the occasional bump, scratch, or bruise while at daycare. There are many other children, physical activities, and plenty of opportunities for accidents in a childcare center. It is not normal, however, for a child to sustain serious injury while in a childcare center. Injuries such as burns, broken bones, or head and brain injuries may be signs of negligence or abuse. The facility or its employees may be breaking accepted standards of care, failing to supervise children, or intentionally causing them harm. If you suspect foul play relating to your child’s recent daycare injury, speak to an attorney at The Law Office of Arash Khorsandi.
Daycare Center Liability
When you enroll your child in a daycare center, you have to sign a liability waiver. This waiver may state something along the lines that the facility is not legally responsible for injuries your child may sustain while on the property. This waiver is a legally binding document that may protect the daycare in some cases, but it does not mean the center can evade liability in all circumstances. No such waiver exists – if it did, the daycare center would be able to act negligently and wantonly without fear of repercussions. Despite a liability waiver, you could hold a daycare responsible in these situations, among others:
- Negligent supervision. If your child sustained an injury because a staff member was not watching him or her properly, you may have a claim based on negligence. This might be the case if another child injured your child, your child fell from somewhere he or she was not supposed to be, or your child ran out into the road unattended.
- Unsafe premises. The owner of the daycare center, or its property manager, must keep the premises safe for children at all times. This includes repairing broken play equipment, child-proofing the building, covering swimming pools, keeping surfaces sanitary, and removing any hazardous objects or trip and fall obstacles. Failure to maintain a safe property, resulting in child injury, is negligence.
- Unlawful acts. If the daycare center commits an unlawful act, such as failing to have the proper supervisor to child ratio at all times, you have grounds to sue for your child’s subsequent injuries. Negligence per se laws state that any unlawful act is automatically negligence. You may suspect an unlawful act if an employee lies about how your child sustained the injuries.
It is a daycare’s duty to ensure the safety of every child in its care. They must do their jobs according to high standards of care and safety, with the ability to reasonably foresee and prevent potential risks. While not every child injury is cause for a lawsuit, many are. If you have the feeling that the center is not telling you everything, or if your child’s injuries don’t align with the story they gave you, contact The Law Office of Arash Khorsandi. An investigation may find that the daycare committed some act of negligence that caused your child’s harms.
Stand Up for Your Child’s Rights
Depending on the nature of a daycare injury, your child may suffer serious pain and a variety of symptoms. A concussion, for example, can result in temporary cognitive problems and changes in behavior. A broken bone can lead to lack of exercise and muscle development. A burn can leave a permanent scar. After any serious daycare injury, contact us. We have the experience, knowledge, and resources you need to fight for justice for your child.
Daycare center negligence, recklessness, and unlawful acts occur more often than most parents want to believe. We hope we never have to hear from you regarding a daycare injury, but if the worst does happen, call (888) 488-1391.