Leaving your child at a daycare center is never an easy thing for a parent to do. Even if you have fully checked the facility out and gotten some great recommendations from your friends, there is still always a chance that your child could become injured while attending there.
While some incidents, such as falling off a swing or tripping while running may be simply be an unfortunate accident, other child injuries could be the result of negligence. Since the law states that the facility and its employees owe a duty of care to a child in their possession, an act of negligence may be thought to have occurred if there is a failure to supervise a child, the facility violated a statute or maintained an unsafe premises for the attending children.
As an example, there could be negligence if a child is left unattended on the daycare bus after a field trip because an employee failed to do a head count. As another example, the facility hired an underage worker to watch over the children and the worker was not legal to work or properly trained in childcare. There may also be negligence if it was known that playground equipment was in need of repair, but children were allowed to continue playing on it anyway.
Interestingly, when an act of negligence occurs, there may ultimately be many people that could potentially be responsible for the act of negligence. This could include the person that caused the injury, the employees that were suppose to supervise the children and even the facility itself.
Individuals who have had a child injured at a daycare facility could be entitled to compensation for their child’s injuries and may find it beneficial to learn more about their legal rights.
Source: FindLaw, “Child Injured at Day Care: Should You Call a Lawyer?,” Daniel Taylor, accessed April. 06, 2015