When you place your child in the care of a daycare facility, you expect them to be protected and supervised at all times. Neglect or abuse at a daycare facility can lead to serious injuries, and families often grapple with medical bills and the uncertainty of holding the daycare accountable.
While North Carolina’s “rule of sevens” generally limits when a child’s actions can be used to bar a claim under the state’s strict contributory negligence rule, insurers will still do everything in their power to bar claims by assigning even 1% of fault.
Because insurers still look for ways to deny these claims, Auger & Auger Accident and Injury Lawyers investigates injuries, identifies safety violations, and counters blame-shifting tactics from the start.
Under our A&A Zero Fee Guarantee™, families can hire a personal injury lawyer in Charlotte to take these steps at no upfront cost, and we only get paid if we secure compensation. Call us today for a free consultation.
Why Families Choose Our Charlotte Daycare Accident Attorneys
Insurers work to deny claims under North Carolina’s contributory negligence law, even when injured children are at the center of claims against daycare providers.
While North Carolina’s “rule of sevens” deems children under the age of seven incapable of negligence and presumes children ages seven to 13 incapable unless proven otherwise, insurers will still challenge your family’s claim. They will argue a child acted unreasonably for their age or push fault onto the parents.
At Auger & Auger, our Charlotte daycare accident attorneys have been helping injured families since 1995, recovering over $100 million and maintaining a 99.5% success rate in litigated cases. We waste no time conducting an independent investigation and:
- Gathering evidence to prove negligence or abuse: We compile daycare inspection reports, staff records, witness statements, and photos to build a clear case of neglect or abuse.
- Shielding your claim from insurer tactics: Insurers will challenge the circumstances of your child’s injuries, but we anticipate and counter these blame-shifting strategies.
- Fighting for your child’s rights: We demonstrate how your child’s age, capacity, and the circumstances of the accident block improper contributory negligence claims.
- Handling the entire process for your family: From insurer communication to settlement negotiations, we take the burden off your family’s shoulders entirely.
As a family-run firm, we’re dedicated to making this process as stress-free as possible for you and your child. We understand that all of your focus will be on helping your child recover, so we take care of the legal work and seek the compensation that can help you help them.
How North Carolina’s Negligence Law And Rule Of Sevens Applies To Daycare Accident Claims
North Carolina’s contributory negligence rule can make recovering compensation for daycare injuries a challenge, but the rule of sevens provides important protections for young children. This common-law doctrine looks at a child’s age and capacity to determine whether they can be held responsible for their own actions.
While this rule helps prevent contributory negligence from unfairly barring claims brought by parents, insurers will still seek every opportunity to shift blame and avoid paying. Our attorneys apply the rule of sevens and anticipate insurers’ tactics to use them against you.
Children Under Seven
Walston v. Greene established that children under the age of seven cannot, under any circumstances, be held responsible for their injuries and are, therefore, conclusively deemed incapable of contributory negligence.
Insurers know they can’t directly argue the child was at fault, so they will shift focus to the parents. They will claim a lack of supervision or failure to address daycare risks before enrolling the child in an effort to undermine the claim entirely.
Our Charlotte daycare accident injury attorneys use daycare records, safety standards, and other evidence of poor supervision or unsafe conditions to show that the daycare was the primary cause of your child’s injury. We also demonstrate that the parents’ actions were reasonable under the circumstances, blocking attempts to unfairly assign fault.
Children Ages Seven To 13
For children between the ages of seven and 13, the courts presume they are incapable of contributory negligence; however, this presumption can be challenged by the defense. Insurers will attempt to argue that a child of similar age, knowledge, and experience would have avoided the accident by acting more prudently.
Insurers will shift their focus to the parents, arguing they failed to act reasonably under the circumstances. By attempting to rebut the presumption of incapacity, they hope to shift partial or full fault to the child and deny compensation.
Our daycare accident injury lawyers in Charlotte focus on showing that the daycare’s negligence created the environment where the injury occurred. We identify supervision failures, violations of safety regulations, or hazards the daycare should have addressed to demonstrate how the daycare itself failed to maintain reasonably safe conditions and, in doing so, caused your child’s injuries.
Children Ages 14 To 17
Children between 14 and 17 years of age are generally presumed capable of contributory negligence unless the claimant can prove otherwise. Insurers will argue that older teens behaved recklessly or knowingly put themselves in dangerous situations, attempting to pin fault on the child to avoid liability. They argue this specifically to attack derivative claims from parents for expenses like medical bills.
Our attorneys bring into consideration whether the child’s age, experience, and capacity align with their actions in the specific context of the injury. Cases such as Welch v. Jenkins provide a legal framework for evaluating these factors.
We also show how violations of daycare safety standards or failures in supervision are the root cause, not any perceived actions of the child.
How Insurers Downplay Violations Of North Carolina’s Childcare Standards
Daycares in North Carolina are required to follow strict safety and supervision standards set by the Division of Child Development and Early Education (DCDEE). Daycare facilities that violate these standards, whether through neglect or abuse, leave room for accidents that can cause serious injuries to children.
Even without shifting blame, insurers downplay these violations, minimizing their severity or denying outright that they contributed to your child’s harm.
Examples Of Daycare Negligence Involving Dcdee Standards
DCDEE standards cover areas such as supervision, physical safety, staff training, and child-to-caregiver ratios. Violations that signal negligence include:
- Failure to properly supervise children: Leaving children unattended during activities like outdoor play or naps violates safety standards and constitutes negligence.
- Hazardous environments: Allowing broken equipment, unsafe play areas, or exposure to dangerous materials is a violation of safety guidelines.
- Noncompliance with staff qualifications: Untrained or insufficiently vetted caregivers who have not undergone background checks or taken specific safety training requirements put all children at risk.
- Failure to report incidents: Daycares that fail to document accidents and notify parents are a breach of DCDEE guidelines.
- Ignoring ratio rules: Understaffing daycares leads to gaps in supervision, which increases the risk of injury to children.
Any one of these can create dangers that directly result in a child’s injury, making the daycare responsible for the consequences.
How Insurers Downplay Dcdee Violations
Despite the clear obligations set by DCDEE, insurers will argue that these violations:
- Were minor and unrelated to the accident.
- Did not contribute directly to the injury.
- Are irrelevant because “accidents happen” even in regulated environments.
Insurers’ arguments hinge on claims that the injury was unavoidable or partially caused by the child or parent.
How Our Charlotte Daycare Accident Lawyers Prove Negligence Using Dcdee Standards
Our attorneys rely on DCDEE requirements to clearly demonstrate how a daycare’s violations created the unsafe conditions that led to your child’s injury. To this end, we:
- Preserve evidence of daycare negligence: We get a jumpstart on securing evidence by preserving it, which means sending demand letters or even subpoenas.
- Obtain licensing and inspection records: We review daycare inspection reports, compliance histories, and prior violations to show patterns of noncompliance.
- Investigate the scene: We examine the facility for safety hazards, improper supervision, or unsafe equipment that contributed to the injury.
- Link evidence of violations to your child’s accident–related injury: DCDEE rules outline specific duties, such as maintaining safe ratios and creating hazard-free environments. Violating these standards serves as powerful, factual evidence of negligence.
- Challenge insurer arguments: We work to connect such violations directly to your child’s injury to counter an insurer’s claims that downplay negligence or argue the injury was unrelated to safety lapses.
DCDEE standards exist to ensure your child’s safety. When these laws are broken, it’s a clear sign that the daycare failed in its duty to protect children. Insurers know the power of these violations, which is why they go to such lengths to dismiss them as unrelated or insignificant. Our team knows how to use these violations to strengthen your claim.
How Statute Of Limitations Laws Apply To Daycare Injury Claims
In North Carolina, the deadline for filing a daycare accident injury lawsuit depends on several factors, including the type of claim, the parties involved, and the child’s age.
While the law provides some exceptions for minors, such as in N.C. Gen. Stat. § 1-52 and N.C. Gen. Stat. § 1-17, insurers try to capitalize on any confusion about these deadlines to pressure families into settling for less or walking away entirely.
Child’s Injury Claim Against Private Daycares
A child’s own negligence claim for injuries sustained at a private daycare typically has a three–year statute of limitations, but it’s tolled (paused) while the child is under 18. Practically, this means your child can generally file the claim anytime before their 21st birthday.
If a guardian ad litem (GAL) is appointed to represent the child and pursue the claim earlier, the three-year clock begins running at the time of the GAL’s appointment.
Parents’ Separate Claim For Expenses
If you’re filing a claim as a parent to recover medical expenses or loss of services caused by your child’s injury, the statute of limitations is three years from the date of injury. Unlike your child’s claim, this parental claim is not tolled by the child’s age, so waiting too long can result in missed compensation for out-of-pocket costs.
Claims Against State-run Daycare Facilities
If you are suing a public daycare or a daycare operated by a state agency, you must file a claim with the North Carolina Industrial Commission under the State Tort Claims Act. Deadlines include:
- Three years for injury claims.
- Two years for wrongful death claims stemming from daycare negligence.
Wrongful Death Claims
If your family tragically loses a child due to daycare negligence, the statute of limitations is generally two years from the date of death, regardless of the child’s age.
How Our Attorneys Keep Your Daycare Accident Case Moving Forward
When insurers try to stall, our daycare accident lawyer in Charlotte takes immediate action. From the moment you reach out, we handle every step of the process to keep your claim on track and prevent delays from interfering with your case.
Through our A&A Zero Fee Guarantee™, you can focus on your family without worrying about legal costs. We charge nothing upfront, and you only pay if we recover compensation.
Our Charlotte Daycare Accident Injury Lawyers Fight For Your Child After Daycare Accident Injuries
At Auger & Auger, we take the stress out of the legal process so you can focus on your child’s recovery and well-being. From handling insurance companies to meeting every legal deadline, we take care of it all. With our A&A Zero Fee Guarantee™, you won’t pay anything upfront, and there are no legal fees unless we win your case.
Don’t face the insurance companies or daycare centers alone. Contact us today for a free, no-obligation consultation and let us fight for the financial recovery that can allow your child to access the care they need.
