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Can You File a Lawsuit If Your Child Was Injured in a Day Care Accident?

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It can be difficult for parents to leave their children under someone else’s care. As parents return to work, children are entrusted to day care centers and preschools that must provide for the child’s every need—and in some cases, these facilities can play host to a parent’s worst nightmare.

Common Injuries in Day Care and Child Care Facilities

Day care accidents are unfortunately common, and numerous children every year experience injury. Inadequate staff supervision, Day Care Spelled Out With Block Letterspoorly-trained employees, and other breaches of care cause significant threats to child safety, including:

  • Falls. A fall does not have to be from a great height to pose serious injury to a child. Toddlers and infants can suffer traumatic brain injury as a result of falling from chairs, changing tables, or playground equipment, so day care staff should supervise children closely to reduce risk of falling.
  • Abuse. Many adults may have access to a day care center, increasing the risk of physical, emotional, or sexual abuse of children. Not only can abusers be charged with criminal offenses under state and federal laws, the day care center itself can be charged with civil penalties for negligent practices that allowed the abuse to occur (such as failure to perform background checks or supervise children).
  • Ingestion hazards. Small children who are teething may place non-food items in their mouths, increasing choking and internal injury risks. Young children should also be watched at meal and snack times to avoid choking, and should be given adequate access to food and water during the day.
  • Unsafe exposure. The premises of the day care should prevent children from getting into chemicals, tools, and other dangers, and there should be adequate fencing to prevent children from wandering away. In addition, all toys and equipment on playground and indoor areas should be checked for defects and breakages that could cause injury. Children with allergies should be closely monitored or to protect against potential exposure to known allergens (such as peanuts).
  • Drowning. Drowning is a major cause of death for children under the age of four. If there is a pool on or near the day care property, the facility should ensure that the pool area is properly fenced off and guarded. If children are accessing the pool, staff and lifeguards must be present and alert until all children are out of the pool and the gates are locked.
  • Car-related injuries. Field trips and carpooling increase the dangers to children, especially if the driver is intoxicated or has not installed proper child safety seats. Children are at additional risk of being left behind on trips, or accidentally left in hot cars due to neglectful daycare staff.

Families Have a Right to Justice for Their Child’s Injury

If you paid for child care services that were not properly administered, you and your family can hold a business liable for a breached duty of care. Our attorneys can help you take action against negligent or abusive behaviors that caused your child’s injury. Call Wayne Wright LLP today at 800-237-3334 to speak with an attorney about your options. The call is free, and we do not charge anything unless we win your case.


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