Who’s to Blame If My Child Was Injured at Daycare?

Last updated on: November 2, 2018

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When searching for daycares, parents consider a variety of important factors such as location, cost, and amenities. However, the most important factor taken into consideration is the safety and well-being of the child. Although many daycares offer safe and enriching environments for children, injuries to a child can still occur.

A child may be injured at a daycare for several reasons. For instance, children often engage in horseplay, which can result in somebody getting hurt. A lack of safety guidelines, safety precautions, or improper supervision can also lead to a child getting injured.

If your child has been injured while at daycare, you are likely concerned about several important issues. Although the child’s health and recovery are most important, it is also important to know who is to blame in these situations. Understanding who is at fault for these unfortunate accidents can help you figure out the best way of pursuing a claim or lawsuit.

If your child has been injured while at daycare, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our experienced child injury attorneys.

Negligence and Negligent Supervision

If your child was injured in an accident while at daycare, you may have a claim for negligent supervision.

  1. Negligent supervision occurs when a person or entity has accepted responsibility for the care of your child but fails to provide adequate care or supervision. A single individual (such as the primary daycare instructor or teacher) or a business as a whole can be held liable for negligent supervision. In order to be successful on a claim of negligent supervision, a parent must be able to demonstrate that the daycare accepted responsibility for providing care to the child. This is typically accomplished by referring to any contracts, transactions, or documents that were exchanged when the child was enrolled in the daycare’s service.
  2. Failure to provide standard care and supervision can cause injury to a child in daycare. A parent must be able to show that the daycare. The injury that occurred to the child must have been a foreseeable and preventable injury and was caused by the daycare’s failure to provide adequate supervision.

The Impact of Waivers

In an attempt to shield themselves from liability, daycares will often include waivers of liability in contracts that are filled out during enrollment. These waivers are designed to protect daycares from being sued if a child is injured while under the daycare’s supervision.

It is important to realize that many courts do not enforce these waivers of liability to their fullest extent. Because such waivers would essentially allow daycares to provide substandard care without any consequence or punishment, courts often refuse to respect these clauses. 

Hiring a knowledgeable child injury attorney who can interpret and evaluate these types of waivers can go a long way in determining the strength of your claim.

How Hiring an Attorney Can Help You

Handling a child injury and negligent supervision case with serious legal implications requires an extensive set of skills and resources. Not all people have the legal knowledge or ability necessary to settle or litigate such a case. An attorney with a background in these unique types of cases will be able to provide valuable benefits that a layperson simply cannot obtain elsewhere.

Understanding the Law

Hiring an experienced child injury attorney who is familiar with tort, negligence, and contract laws can be vital to the outcome and success of your case. These laws consist of complex legal theories that an experienced attorney will be able to explain and clarify.

Conducting Investigations

An attorney who has experience handling negligent supervision cases understands how important the investigation process is to the outcome of a case. A skilled attorney can conduct thorough investigations that may produce key evidence that can be favorable to your case.

Because evidence such as witness statements and surveillance footage may be difficult to obtain, it is important to consider hiring an attorney who knows all about the proper investigation procedures.

Choosing the Best Strategy

In addition to understanding the law and collecting important evidence, a child injury attorney can decide what the best legal course of action for your case is. Based on the facts and circumstances of your case, an attorney can determine whether filing a lawsuit is likely to lead to the most favorable outcome. This decision-making ability is another crucial component that an experienced truck accident lawyer has to offer.

Our Experienced Daycare Injury Lawyers Will Fight on Your Behalf

At Zinda Law Group, our child injury attorneys have the experience and expertise needed to assist you in the event that your child is injured while at daycare. Our lawyers have handled many cases involving child injuries. Our firm can provide you with the knowledge and resources necessary to help you address the concerns that you may have.

Our firm also believes that an injury victim should never have to worry about being able to afford excellent legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Fee Guarantee.

If you would like to speak with an experienced child injury lawyer, or to learn more liability following an injury that occurs at a daycare, call Zinda Law Group at (800) 863-5312 to receive your free case evaluation.

Meetings with attorneys are by appointment only.