To do so would open the door for daycare centers to act negligently without concern about liability for their actions, especially against an innocent and defenseless child. The courts take the position it’s the child who’s hurt and not the parent.
Your child needs a skilled attorney to get the compensation they deserve for any injury, particularly in cases of deliberate daycare abuse, crippling injuries, permanent scarring, and other high-dollar claims. Take steps to protect your child’s future.
“The undersigned parent or legal guardian assumes all risk of injury or harm to the child while the child is at the daycare center or on approved field trips.
The chairs were of high quality and the type other daycare centers used. After a week of use, a student sat on one of the chairs. As she did, the chair leg broke, toppling the six-year-old child to the floor, resulting in injuries.
Here are some of the most common injuries that children at childcare facilities acquire:Scrapes, cuts, and bruises.Burns.Broken bones.Falls.Poisoning.Choking.Drowning.Traumatic brain injury.
If your child sustains serious injuries while in childcare, you should:Request a copy of the full incident report.Request details of any actions or steps taken by staff.Seek medical treatment for your child, and keep records of treatment provided.Keep receipts for your medical out-of-pocket expenses.More items...
Negligence The question is whether the child care provider has breached its duty of care based on the circumstances in which your child was injured. Not all injuries that children sustain in child care centres are due to the negligence of the provider.
The five key themes include: • the right to be heard • freedom from violence, abuse and neglect • the opportunity to thrive • engaged civics and citizenship • action and accountability.
There was a coffee maker in the lounge. One day, while the lounge was empty, a five-year-old wandered away from class and into the lounge. While in the lounge, the student knocked the coffeepot onto himself and suffered serious burns.
Daycare agreements almost always have a section that says you give up the right to sue the daycare provider if anything bad happens to your child, called a “liability clause” or “indemnity clause.”.
The daycare center had a duty of care (obligation) to protect your child from undue harm. The daycare center breached (violated) its duty of care. The breach was the direct and proximate (legally acceptable) cause of your child’s injuries. The injury must have been foreseeable by daycare staff or management.
Of course, your first reaction is fear and concern for your child’s welfare. Then comes anger and frustration that a child-care worker could be so careless. You have a right to be angry, and your child has a right to injury compensation from the daycare provider – even if you signed a release.
The center used a public bus to travel with the children to and from the zoo. While on the way to the zoo, the bus driver ran a red light and caused an accident. As a result, several of the children were hurt.
Your child needs a skilled attorney to get the compensation they deserve for any injury, particularly in cases of deliberate daycare abuse, crippling injuries, permanent scarring, and other high-dollar claims. Take steps to protect your child’s future.
Evidence is especially important when the injured child is very young and cannot articulate what happened to them. You’ll need to show the daycare operator was directly responsible for your child’s injuries. You’ll also need documentation to support the type and scope of your child’s damages.
If you or a loved one has been hurt at a daycare facility, it is crucial to get in touch with a personal injury attorney to learn how the law applies in your case. Both the victims of this negligence and their families can be entitled to monetary compensation for damages suffered because of daycare negligence.
Your child has been hurt. This is a reality for far too many families. Injuries at daycare facilities range from minor accidents that eventually heal to serious injuries and even death. Unfortunately, in many cases the underlying problem is connected to daycare negligence with caregivers failing to act appropriately.
In fact, in the very same month a second child died from choking on a pushpin in Kentucky. In that case, the 18-month old child swallowed the pin at the daycare facility and died after the object blocked his airwaves.
Lack of supervision is the single greatest cause of daycare injuries. Often the supervision itself is caused by inadequate staffing . If there are not enough adults watching a group of children, than it is far more likely that one of the children will get into trouble and unintentionally injure themselves.
You can reach The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an InjuryLawyer.com free online case evaluation. The initial consultation is FREE of charge. We work on a contingency fee basis. Meaning, if we agree to handle your case, there are no legal fees unless we are successful in getting you money.
As UT San Diego reported in October of 2011, the child was allowed to use the bathroom without supervision and obtained a pushpin. Pushpins have long-been known to pose serious dangers to young children and toddlers. The boy swallowed the sharp pointed object and choked—paramedics were unable to revive him.
It is important to seek medical treatment for your child. Even what looks like a small bruise could be significant internal injuries. For a seemingly minor injury, take your child to a pediatrician. After hours, urgent care or emergency room care may be necessary.
File a police report as soon as possible. You may even wish to do this before leaving the daycare center. The police report should document the time and location of the daycare center. The report should include who was in charge of your child, the center operator’s information and license details.
You may also need to file a complaint against the daycare center. The negligent behavior of the staff could affect other children. The facility may need an inspection or checkup on the license and staff. You may find out that there has been a history of complaints.
If a child has been the victim of emotional, physical, or sexual abuse, a child abuse lawyer can help you figure out the right child custody, visitation, or guardianship to protect the child. If you are accused of child abuse, a child abuse lawyer can also determine the best strategy to defend against the charges or clear your name.
A child abuse lawyer understands issues related to child abuse and neglect, and child physical or emotional abuse claims can arise in a variety of contexts and motives. Sometimes the young victim tells a relative, who then files a lawsuit; at other times, a government agency such as Child Protective Services may press charges.
About 30% of abused and neglected children will later abuse their own children, therefore continuing the cycle of abuse.
The negligent party, like a property owner, is usually liable for the injured child’s damages. “Damages” for a child’s injuries include medical costs, out-of-pocket medical expenses, and pain and suffering. Children with permanent injuries may also seek compensation for the loss of future earning capacity.
Every year more than 200,000 children under the age of 14 are treated in emergency rooms for playground injuries. More than 20,000 of the children treated have suffered traumatic brain injuries. ¹. Children between the ages of 5 and 12 suffer the most playground injuries, with slightly more boys than girls getting hurt. ².
When it comes to playground injury claims, it helps to understand some more terms used by lawmakers and attorneys: “Negligence” happens when a property owner, manufacturer, teacher, or daycare provider fails in their duty of care. “Liability” means responsibility.
Playgrounds are wonderful places for children to exercise their bodies, burn off excess energy, and make new friends. Unfortunately, playgrounds can also be dangerous for our kids. The most common playground injuries include: The most common causes of playground injuries include: Lack of Supervision: Most playground accidents happen at schools, ...
Concussions and other head injuries. Dislocations. Internal injuries. The most common causes of playground injuries include: Lack of Supervision: Most playground accidents happen at schools, including daycare centers, and parks while the children are under the supervision of a teacher or daycare provider.
Playground equipment manufacturers are required to meet standard consumer safety specifications. Poor design, defects in construction, or inadequate use and maintenance guides can all lead to serious playground injuries. School and daycare workers have a unique obligation to protect the children in their care.
Faulty Equipment: Children may be injured by faulty playground equipment due to poor design, manufacturing flaws, or lack of maintenance information provided by the manufacturer. Unsafe Playground Surface: Playgrounds should have soft material under all equipment, such as sand, rubber, woodchips, or mulch.
The school district will pay for the legal services directly without going through a law firm. Counsel hired by the district as general counsel usually handle daily legal questions, contractual issues and smaller lawsuits involving simpler laws, such as open records requests or procedural questions for school board meetings. However, these attorneys may also advise on more complex lawsuits, typically with the assistance of a firm or attorney separately hired for a specific lawsuit.
For example, if your child has been injured on school premises, you may need to hire a personal injury lawyer. If you think your child is being bullied, has special needs that are not being met or is facing discriminatory practices or harassment from educators and other staff, you'll need an education lawyer.
Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and school governance; if your issues involve other types of problems, another type of lawyer may be appropriate.
If the school has violated your admissions agreement, you may have a claim for breach of contract and will need a contracts lawyer. The first step may be to speak to an education attorney and find out if she can help, or she can direct you to the appropriate type of attorney for the situation.
The district may hire a single attorney, or it may hire an entire law firm. A law firm, as opposed to a solo practicing attorney, holds the advantage of having many attorneys to draw on for expertise and having more resources to cover expenses.