Hiring a Daycare Injury Attorney [2024 Guide]

Legal Responsibilities of Daycare Facilities

According to the National Center for Education Statistics (NCES), around 59% of children aged five and under are enrolled in at least one weekly nonparental care arrangement, as reported by their parents.

Among those, 62% were under center-based care, including a daycare center, preschool, or prekindergarten.

With such a high number of children in daycare facilities, these centers must adhere to strict legal responsibilities to ensure the safety of the children under their care.

Duty of Care: Providing a Safe Environment for Children

Every child care facility has a legal obligation to provide a safe environment for the children in their care.

This duty of care means that daycare providers must take all reasonable steps to prevent harm to the children under their supervision.

The law recognizes that children are vulnerable and require a higher level of protection than adults.

Even minimal physical pain or emotional distress can have a significant impact on a child’s well-being and development.

Therefore, every childcare facility must adhere to strict safety standards to prevent serious injuries and protect children from being exposed to unnecessary risks and hazards.

Every daycare worker must be trained and qualified to handle children safely.

As children are naturally curious and prone to accidents, the daycare provider must ensure they are always supervised and away from potential dangers.

They must be equipped to handle any situation, whether it’s excessive crying or severe injuries.

Standards of Care: Adherence to Safety Regulations

To fulfill their duty of care, daycare facilities must meet specific standards set by state and federal laws.

These regulations cover various aspects of daycare operations, including:

• Proper Supervision: Daycare workers must maintain adequate supervision of the children at all times. This care means ensuring that there is a sufficient number of staff members to monitor the children and prevent accidents or injuries.
• Facility Maintenance: The physical premises of the daycare center must be kept in a safe condition. This upkeep includes regular inspections and maintenance of playground equipment, furniture, and other facilities to prevent hazards.
• Staff Training: Every daycare worker must receive proper and extensive training on childcare, first aid, and emergency procedures. This training helps ensure that they can respond appropriately to any situations that may arise, including injuries or emergencies.

In particular, the Child Care and Development Block Grant (CCDBG) Act of 2014 sets out specific health and safety requirements for daycare facilities that receive federal funding.

These regulations include comprehensive background checks for all daycare staff, proper training in childcare (particularly first aid and CPR), age-appropriate supervision ratios, and regular inspections.

The CCDBG requires states to conduct annual inspections of all licensed daycare facilities and make the results available to the public, providing parents with transparent information about the safety and quality of daycare centers in their state.

Unfortunately, not all states fully comply with these requirements, leaving many children at risk.

Common Breaches: How Daycare Facilities Fail in Their Duties

Unfortunately, not all daycare facilities meet these standards, leading to accidents and injuries.

Common breaches of duty in daycare settings include:

• Lack of Supervision: When daycare workers fail to supervise the children adequately, accidents such as playground injuries, falls, or altercations with other children can occur.
• Unsafe Premises: Poorly maintained facilities, such as broken playground equipment or unsafe furniture, can lead to serious injuries like broken bones or head injuries.
• Inadequate Staffing: When a daycare facility does not have enough staff members to monitor the children properly, it increases the risk of accidents and injuries.
• Insufficient Training: A lack of proper staff training can result in delayed or inadequate responses to emergencies, exacerbating a child’s injury.

These breaches of duty can have severe consequences for children, making it essential for parents to take action if they suspect negligence at a daycare center.

Types of Injuries in Daycare Settings

Injuries in daycare facilities can range from minor cuts and bruises to severe injuries requiring hospitalization and psychological trauma that can have long-lasting effects on a child’s well-being.

Some of the most common types of daycare injuries include:

• Physical injuries
• Emotional and psychological injuries
• Short term and long term effects

Physical Injuries: The Visible Impact

Physical injuries are the most apparent form of harm that can occur in daycare settings.

Some common physical injuries in daycare facilities include:

• Cuts, Bruises, and Scrapes: These injuries are often the result of falls or accidents involving playground equipment or other children. While they may seem minor, they can be painful and require medical attention.
• Fractures and Broken Bones: Falls from playground equipment, tripping hazards, or rough play can result in broken bones or fractures. These injuries often require medical intervention and can have long-term effects on a child’s physical health.
• Head Injuries and Concussions: Head injuries are particularly concerning, as they can lead to concussions or even more severe brain injuries. These injuries can have lasting cognitive and developmental impacts on a child.
• Choking and Poisoning Incidents: Inadequate supervision can lead to choking incidents, especially with small toys or food. Additionally, unsafe storage of hazardous materials can result in poisoning, which can have life-threatening consequences.

Emotional and Psychological Trauma: The Hidden Damage

While physical injuries are often the most visible, emotional and psychological trauma can be equally damaging to a child’s well-being.

These injuries can manifest in various ways, including:

• Anxiety and Stress Due to Neglect: When daycare workers fail to provide proper care and attention, children can experience feelings of neglect, leading to anxiety and stress. This emotional distress can affect a child’s ability to trust others and feel secure in new environments.
• Emotional Scars From Abuse or Bullying: Intentional abuse by daycare workers or bullying by other children can leave deep emotional scars. These experiences can lead to feelings of fear, anger, and helplessness, which may persist long after the incident.
• Long-Term Psychological Impact of Traumatic Experiences: Traumatic experiences in daycare settings can have long-lasting effects on a child’s mental health. Children may develop behavioral issues, depression, or post-traumatic stress disorder (PTSD) as a result of their experiences.

Short-Term vs Long-Term Effects: The Lasting Impact of Daycare Injuries

The impact of daycare abuse and injuries can vary depending on the severity of the injury and the child’s individual circumstances.

Some injuries may heal quickly, with minimal long-term effects, while others can have lasting consequences for a child’s physical and emotional health.

A broken bone may require weeks or months of medical treatment and physical therapy, but the child may fully recover over time.

A head injury or emotional trauma may have long-term effects on a child’s cognitive development, behavior, and overall well-being.

It is essential for parents to seek immediate medical attention for any injuries and to consider the potential long-term impact on their child’s health.

The Role of a Daycare Injury Lawyer

If a child suffered injuries at a daycare facility due to negligent behavior or intentional harm, parents may have legal options for seeking compensation and justice.

A daycare injury lawyer can assist families in navigating the legal process and hold the responsible parties accountable for their actions.

Roles of a daycare injury lawyer include:

• Investigation of negligence
• Gathering evidence
• Filing a lawsuit
• Negotiating settlements
• Holding faculties accountable

Investigation of Negligence

Determining whether the child’s suffering or injury resulted from negligence is crucial.

A daycare lawyer is vital in investigating the circumstances surrounding the injury to uncover any negligent behavior by daycare workers or the facility.

The attorney will gather information about the incident, including witness statements, medical records, and available surveillance footage.

They will also review the daycare facility’s compliance with state and federal laws, safety regulations, and staff training requirements.

Gathering Evidence

To build a strong case against a negligent daycare facility, the daycare accident lawyer must gather and preserve evidence supporting the negligence claim.

Evidence may include:

• Witness Statements: Testimonies from other parents, daycare workers, or children who witnessed the incident can provide valuable insights into what happened.
• Surveillance Footage: Many daycare facilities have surveillance cameras that capture daily activities. This footage can be crucial in proving whether proper supervision was in place at the time of the injury.
• Medical Records: Detailed medical records can demonstrate the extent of the child’s injuries and the medical care required for recovery. These records can also help establish a connection between the injury and the daycare facility’s negligence.

Filing a Lawsuit

Once there’s sufficient evidence, the daycare injury attorney will file a lawsuit against the negligent daycare facility on behalf of the child and their family.

The legal process for filing a lawsuit involves several steps.

Steps include:

• Drafting and Filing the Complaint: The attorney will draft a legal complaint outlining the allegations against the daycare facility. They will file this document with the court to initiate the lawsuit.
• Handling Legal Paperwork and Court Filings: The attorney will manage all legal paperwork, court filings, and deadlines throughout the legal process. This legal support ensures that the case proceeds smoothly and that the family’s legal rights are protected.
• Representing the Family in Court: If the case goes to trial, the attorney will represent the family in court, presenting evidence and arguments to prove the daycare facility’s negligence.

Negotiating Settlements

In many cases, daycare injury lawsuits are resolved through settlements rather than going to trial.

The daycare injury attorney plays a crucial role in negotiating settlements on behalf of the family.

During settlement negotiations, the attorney will work to secure fair compensation for the child’s injuries, medical bills, and other related expenses.

If the daycare facility or insurance company offers an inadequate settlement, the attorney may advise the family to take the case to trial for a more favorable outcome.

Holding Facilities Accountable

One of the most critical roles of a daycare injury attorney is to hold negligent daycare facilities accountable for their actions.

By pursuing legal action against a daycare center that has failed to meet its duty of care, parents can help prevent future incidents and ensure that other children are not subjected to similar harm.

Holding daycare facilities accountable also sends a powerful message to the childcare industry that negligence and unsafe practices will not be tolerated.

Importance of Timely Action

Taking timely action and hiring a daycare injury lawyer immediately after an incident is crucial.

This measure allows the attorney to begin investigating the case while the evidence is still fresh and increases the chances of a successful outcome for the family.

Statute of Limitations

Personal injury cases — including daycare injury claims — have a limited time frame for filing a lawsuit.

This time frame, known as the statute of limitations, varies by state and can range from one to several years.

If a family doesn’t file a lawsuit within the statute of limitations, they may lose their right to pursue legal action.

Parents must consult with a daycare injury attorney after their child’s injury to ensure their case is filed within the required time frame.

Preserving Evidence

Delaying legal action can also result in losing crucial evidence to support the case.

Over time, witnesses’ memories may fade, surveillance footage may be erased, and physical evidence may be lost or destroyed.

Taking timely action helps ensure that evidence is preserved and available for use in the case.

Seeking Medical Attention

After a daycare injury, seek immediate medical attention for the child.

Prompt medical care ensures that the child receives the necessary treatment and creates a medical record that documents the injury and its cause.

Medical records play a vital role in proving the extent of the child’s injuries and the impact on their health.

Delaying medical care can make it more challenging to establish a clear connection between the injury and the daycare facility’s negligence.

TorHoerman Law: Daycare Injury Lawyers

When a child gets injured at a daycare facility, it can be a traumatic experience for the entire family.

Parents have a right to expect their child to be safe and well-cared for while in the care of a daycare provider.

When that trust is broken due to negligence, parents have legal options to protect their children’s rights and seek justice.

If your child suffered injuries at a daycare facility due to negligence, TorHoerman Law can help.

We understand the complexities of daycare injury cases and can guide families through the legal process with compassion and expertise.

Contact us for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a daycare lawsuit instantly.