Over 70% of children in America attend daycare or childcare. There are numerous reasons why people send their children to daycare. Some send their children because they work and cannot care for them at home, while others do it because it’s a wonderful place for children to learn and socialize.
However, although there are many benefits of sending a child to daycare, occasionally, accidents occur while they are there. In this situation, knowing who is to blame can be challenging. If your child has been injured at daycare, and you want to know who’s at fault, keep reading below:
What to Do if Your Child is Injured at Daycare
If your child was injured at daycare, follow these steps:
- Seek medical attention – the first thing you must do is seek medical attention for your child. Take them to your GP or visit your local hospital for a checkup.
- Get a copy of the incident report – your daycare provider might provide you with this when you collect your child. If they don’t, ask them for one.
- Investigate the incident – ask to take photos of where the accident occurred, speak to employees who were present at the time, and ask for details of any other witnesses who may be able to assist you.
- Report the accident – you must report the incident to the Department of Family Protective Services. Your state will then investigate the incident.
- Determine who is at fault – if you believe the daycare provider is to blame for the accident, contact a lawyer. They will be able to help you determine who is at fault, as well as help you get any compensation you and your child deserve.
How to Tell if the Daycare is at Fault for a Child’s Injuries
Daycare settings have many responsibilities. On top of changing, feeding, and playing with the children and babies in their care, the staff have a duty to protect children from harm by keeping the environment free from obvious dangers and hazards. Things like broken equipment and toys must be removed from the setting or removed from children’s reach.
Daycare employees are also responsible for ensuring they wash their hands before handling food and after changing diapers. Not doing so could lead to minor wounds becoming more serious through infection.
Any daycare setting that does not exercise due care by doing the abovementioned things can be held liable for a child’s injuries. Due care is the carefulness of any average person to prevent harm.
However, while this may be true, the daycare may not be liable in some circumstances. For example:
- If someone from outside the setting causes the injury or damage.
- If you have signed a waiver – most daycares make parents sign a waiver. Waivers help protect daycare settings and employees from blame.
How to Prove the Daycare is Liable
Winning a lawsuit against a daycare setting takes much more than knowing they are at fault. Most daycare centers have decent insurance, expecting you to prove the daycare was negligible for the accident. For a daycare to be held liable, you must prove:
- Your child was injured during the accident.
- The daycare was responsible for caring for your child and protecting them from harm.
- The daycare violated their duty of care to your child.
- This violation was the reason your child was injured.
- The daycare staff must have been able to predict or foresee this injury.
Although most daycare settings do everything possible to protect the children in their care, accidents and injuries occur from time to time, with the most common being falls. However, the injuries are sometimes more severe, and parents want to know who is at fault in this situation.
If, after reading this article, you’re still unsure who is at fault, contact Cassisi Law Firm. Our lawyers will be able to help you understand who’s at fault.
You can find us at 10208 101st Ave Ozone Park, NY 11416.
Or, if you prefer, call now for a free consultation on (718) 441-5050.
