A daycare injury lawyer can help when a child is injured because a childcare facility failed to provide proper care and oversight. Injuries at day care can range from mild accidents, like a skinned knee, to serious injuries and even death. Unfortunately, many serious accidents that occur at daycares are due to negligent actions on behalf of the daycare or its employees. A daycare injury lawyer can seek compensation for damages if your child was seriously injured due to neglect or abuse at daycare.
What is Daycare Negligence?
Negligence is a legal theory that is commonly used in civil lawsuits. To win a negligence lawsuit, the plaintiff must prove that four elements are true:
- The defendant owed a duty of care to the victim
- The defendant breached that duty of care
- The breach of care caused the injury
- The plaintiff suffered damages
Daycares in Pennsylvania owe a duty of care to every child who partakes of their services. Because children are more susceptible to dangers than adults, the duty of care is more stringent. For example, a reasonable adult is able to avoid poisons, but a toddler is unable to distinguish a corrosive liquid cleaning product from a drink.
Examples of Daycare Negligence
While most daycare injuries are minor in nature, some serious injuries may be caused by negligence on the behalf of the daycare. The following are a few examples on ways that children have been harmed in day care that may justify a personal injury lawsuit:
Intentional Abuse – When daycare workers intentionally inflict corporal punishment, physical abuse, or sexual abuse on a child at day care, it is often grounds for a lawsuit. A daycare injury lawyer understands that “shaken baby” incidents can result in significant, lasting consequences for the child. If a daycare worker intentionally abused your child and caused serious harm, you should consider reaching out to a Philadelphia daycare injury lawyer.
Falls and Drops – The daycare may be liable for serious injuries from falls if they were caused by unsafe conditions on the premises, such as unsafe playground equipment or slippery bathroom floors. Additionally, the daycare may be liable if an employee was holding a child and dropped them due to inattention, causing a significant injury.
Premises Liability Injuries – Daycare facilities are responsible to maintain their property in a way that is safe for visitors. These facilities serve young children and must take their special safety needs into consideration. If your child was injured due to a danger on the premises, you may be able to hold the daycare liable for their injuries. Some premises liability injuries for day cares include:
- Burns from stoves or radiators
- Electrocution from exposed wires or open electrical outlets
- Failing to properly supervise children resulting in injury on daycare property
- Failure of the facility to secure items that are choking hazards
- Injury from rusted or broken toys
- Injuries from lead paint or asbestos
- Failure to secure chemicals that results in the child ingesting poisonous materials
Allergic Reactions – Parents of children with serious food allergies know that vigilance is critical to prevent a serious medical event. If your daycare was aware that your child had an allergy but failed to take reasonable precautions to prevent exposure, they may be liable for your child’s allergic reaction.
Contact a Philadelphia day care injury lawyer at the Wieand Law Firm if your child has suffered one of these serious injuries while at daycare to find out information about filing a lawsuit.
Signs of Negligence:
Daycares must follow federal and state laws regarding standards for safety, staffing, and resources. Facilities that fail to follow these requirements may be held liable when an accident occurs. The most frequent cause of daycare injuries is inadequate staffing and supervision. Insufficient staffing and monitoring increase the risk that a child be unintentionally injured.
Safety Measures to Prevent Daycare Injuries
To minimize the risk of accidents, look for a daycare that provides the following safety measures:
- Proper staffing ratios
- First aid supplies on hand
- Safety measures, such as secured access doors, to prevent wandering
- A policy forbidding all forms of child abuse, and education for all caregivers about abuse
While some daycare injuries occur due to avoidable accidents, daycare abuse can also have devastating effects on vulnerable children. Children can be abused in daycares or other childcare facilities through physical abuse, sexual abuse, verbal abuse, or child neglect. It’s important to understand the warning signs of day care abuse, since children can have difficulties expressing what is happening to them. Potential signs of daycare abuse include:
- New, severe behaviors
- Faking illness to avoid going to daycare
- A marked increase in clinginess
- Bruises without an explainable cause of injury
- Bedwetting or urinary tract infections
Report any suspected abuse to state authorities, including the police, child protective services, or state licensing agencies. It’s also important to have your child examined by a physician. You should report your concerns to the day care facility as well.
Should I Contact a Daycare Injury Lawyer?
If your child was injured due to negligence at day care, your family can pursue a civil lawsuit against the facility and/or its employees to hold them accountable for their actions. You can seek compensation for medical bills, rehabilitation, and more.
An attorney who is experienced in these types of cases can advise you on whether your case is worth pursuing. Our attorneys offer a free consultation to discuss your situation and legal options. Should you decide to pursue a claim, we operate on a contingency fee basis, which means that our attorneys earn no fees unless we return a settlement or positive verdict for your family.
We recommend reaching out to a daycare injury lawyer as soon as possible after a day care injury occurs. Each state has a statue on limitations that can limit the timeframe that you have available to file a claim. The daycare injury lawyers at the Wieand Law Firm LLC are ready to help you and your family during this difficult time. Give us a call today and get the guidance you need to move forward.