What Constitutes a Daycare Injury?

Author: Auger Law | February 15th, 2016

child care accidentWhen you take your child to day care, you expect that he or she will be kept safe. You trust that the workers are well trained and knowledgeable when it comes to caring for children. Unfortunately, things happen everyday that leave parents wondering if they made the right decision when it came to child care. Accidents often have parents questioning whether or not they should call an attorney.

Before you make the choice to sue a day care for compensation, you need to understand exactly what constitutes negligence. If your child is injured at day care, here are a few things to consider before you reach out to a lawyer.

When you drop your child off at day care, the workers have a duty to provide adequate care. If the staff fails to provide that care to a reasonable standard. Violations that can be considered negligence include:

1. Failing to supervise

2. Failure to maintain safe premises

3. Committing a crime

While negligence can be something fairly easy to prove when you are pointing the finger at an adult worker, it can be another story if your child was injured by another little one. To be able to hold a child at fault, you must be able to prove that the child did not act reasonably or as another similarly age child would have acted.

Your child does not necessarily have had to suffer physical injuries. Emotional distress or injury that is severe may also be grounds for a successful suit. If the act of a staff member was so outrageous that your child suffers emotional distress, you may still have grounds for a suit.

In plain English: Your child’s injury must have been the result of some type of failure or intentional act on the part of a staff member. Simply falling and bumping a knee is not grounds for a personal injury suit. Falling off of a slide and breaking a limb because no one was watching is. If you are unsure if your child is due compensation for his or her injuries, reach out to our offices today.

Our personal injury lawyers are experienced in day care injury in North Carolina. We will review the details of your case at non cost to you and advise you how to proceed. Reach out to us today for more information.

Posted In: Daycare Accidents