Who May Be Liable if Your Child Is Injured at Daycare?

If your child gets hurt at daycare, any number of individuals — including employees, another parent, a kid, volunteers, or anyone involved in the incident — could be liable for their injuries. Imagine getting a call that your child was hurt during the day; your first instinct is worry, followed closely by the need for answers. Dropping your child off at daycare should bring peace of mind, not uncertainty. You should be able to trust that their caregivers are creating a safe environment, one where accidents aren’t an everyday risk.

Daycares carry significant responsibilities to protect the children in their care, and when they fail to meet these standards, the consequences can be severe. Determining who may be liable for your child’s injury is crucial to ensuring their well-being and holding the responsible parties accountable. But we at Knowles Law Firm can provide assistance and help you identify liable parties. Please reach out to us if you need assistance handling your child’s daycare injuries, including legal matters.

Who Could Be Held Liable for a Daycare Injury?

When a child gets hurt while visiting a daycare facility, many individuals could be found liable for associated injuries and losses. However, determining who is responsible may be difficult, as many parties could be found liable depending on the specific circumstances. Any of the following individuals may be responsible for any losses your family faces:

• Owner of the facility
• Daycare staff
• Third-party vendors
• Volunteers on-site
• Other parents or children who use the facility
• Equipment or part manufacturers
• Maintenance employees

Other parties may also be found liable for the incident, and there might be cases where multiple individuals need to be held accountable. If you need assistance determining who is responsible for your child’s injuries, an attorney from Knowles Law Firm can provide extensive support. We can identify potentially liable parties, determine who is responsible, hold negligent individuals accountable, and make it easier for you to receive your financial recovery. Please contact us to retain our assistance during this difficult time.

How Can Parents Prove Negligence in a Daycare Injury Case?

To collect fair and complete compensation in your daycare injury claim, parents and family members may need to help prove liability. To demonstrate that someone is liable for compensation, you must prove that four essential elements are present in your claim.

Duty of Care

Duty of care is the general responsibility of maintaining safety in a given situation. In daycare, duty of care often requires cleaning up spills, accompanying children to other spaces, providing supervision, removing unsafe toys and materials, and other vital responsibilities.

Establishing that there is a duty of care and an expectation to maintain safety can help parents demonstrate what should have happened to avoid injuries.

Negligence

Someone is negligent when they breach their duty of care. In other words, ignoring duty of care puts others at risk of severe injury or death. When someone is responsible for following the duty of care at your child’s daycare but ignores these responsibilities, that person may be considered negligent.

Someone may be negligent, increasing the chances of bodily harm, if they choose to ignore spills, send young children to activities alone, pay attention to their phone instead of kids, or allow kiddos to play with items and toys that are unsafe or not yet age appropriate. 

Causation

Just because someone is negligent does not mean others will get hurt, and just because someone has been injured does not mean that another person has broken the duty of care. This means that victims must prove causation between negligence and their injuries to collect compensation.

To prove causation, we suggest seeking medical attention as soon as possible and keeping track of any medical records. Presenting medical records to legal personnel, especially if you can demonstrate you sought out care very quickly after the accident, can help establish causation in your favor.

Financial Losses

You must also show legal personnel that you have faced objective, calculable losses due to your accident to receive compensation. Qualifying losses may include medical bills, therapies, lost wages, property damage, court fees, and many other damages.

Why Seek Legal Guidance for a Daycare Injury?

When your child suffers an injury at daycare, the stress and uncertainty can feel overwhelming. At Knowles Law Firm, we understand the importance of protecting your child’s well-being and holding negligent parties accountable. With 55 years of experience handling complex personal injury cases, we have the resources and knowledge to investigate the circumstances, identify liable parties, and pursue fair compensation on your behalf.

Our history of securing multi-million dollar settlements demonstrates our dedication to achieving results for families facing difficult situations. If your family needs support with a daycare injury claim, call us at (402) 431-9000 or fill out our contact form.