Parents of small children already have a hard time leaving their kids in daycare. That is why most parents spend a reasonable amount of time researching a good, trusted, and reputable daycare. Daycare workers, even if they are strangers, are licensed people with whom we should be able to trust our children’s safety. However, what happens when your child gets injured because of their negligence?
If you left your kid at daycare and they got hurt or were in an accident that could have been avoided if the daycare workers were responsible enough, you can sue them for daycare negligence with the help of a personal injury lawyer. Watching your child suffer from pain is something no parent wants, and you should be able to fight for your children and hold the caretakers responsible for their actions.
What is meant by daycare negligence?
A daycare is a service for infants, toddlers, kindergarteners, and school-aged children provided either in their own homes, the home of a relative’s, or a center-based facility. Families where both the parents have jobs and do not have enough time to take care of their small children 24/7 can leave them with licensed daycare workers for a specific amount of time.
Daycare negligence is caused when a daycare worker commits an action that compromises the child’s safety and puts their life at risk. If the child suffers injuries, you can take legal action against the specific worker or the entire institution.
As the place is specifically made for small children, any daycare institution must maintain safe premises and hire skilled staff who know how to handle children safely. They must take every step to minimize the chances of accidents, risks, and injuries. In case they fail to do so, they are liable for your child’s injuries.
Examples of daycare accidents
There are various instances of daycare accidents.
- The institution loses a child because of inadequate supervision.
- They failed to attend to a child’s dietary needs and caused harm. For instance, feeding a child something that they are allergic to.
- Failure to keep the premises safe and remove dangerous or inappropriate toys from their property.
What you must prove in daycare negligence
To prove daycare negligence and get your compensation, you must establish the following with necessary evidence.
- The daycare had failed to provide a duty of care
- The daycare had a duty of care
- Your child was injured at the daycare
- The daycare’s failure to provide a duty of care caused the injury
- The daycare could have taken steps to avoid the accident