What to Do If Your Child Is Injured at Daycare: Understanding Your Rights as a Parent

As a parent, entrusting your child to a daycare facility involves placing enormous trust in the caregivers to ensure their safety and well-being. Unfortunately, accidents can happen, and it’s a devastating experience when they do.

If you’re in this situation, you’re likely filled with questions and concerns: How could this happen? Who is responsible? What should you do next? This blog provides a compassionate guide for parents navigating the aftermath of a daycare injury, helping you understand your options and how a personal injury lawyer can assist with your daycare injury claim.

How Do Daycare Accidents Happen?

Daycare accidents can occur for a variety of reasons, ranging from simple mistakes to gross negligence. Understanding how these accidents happen is crucial to determining who is responsible and what steps you can take to protect your child and seek compensation.

Lack of Supervision

One of the most common causes of daycare injuries is inadequate supervision. Children, especially toddlers, require constant attention to ensure their safety. If caregivers are distracted, overburdened with too many children, or simply neglectful, accidents such as falls, choking, or playground injuries can occur.

Unsafe Premises

Daycare facilities are required to maintain safe environments for children. This includes keeping the building in good repair, ensuring that playground equipment is secure, and removing any hazardous objects. Poorly maintained or unsafe premises, such as broken playground equipment, loose carpeting, or exposed electrical outlets, can easily lead to serious accidents.

Inadequate Staff Training

Daycare staff should be properly trained in child care, first aid, and emergency response. When employees lack the necessary skills or knowledge to respond to accidents or fail to prevent injuries, they put children at greater risk.

Unsafe Toys or Equipment

Faulty or inappropriate toys and equipment are other common sources of daycare accidents. Toys that are not age-appropriate, poorly maintained, or have small parts can pose choking hazards or lead to other injuries to children.

Negligent Behavior

In some cases, a daycare worker may act negligently, either through reckless actions or failure to follow safety protocols. Negligence can include everything from improperly securing children in high chairs to failing to adhere to proper hand hygiene, which can lead to illnesses or injuries.

Common Daycare Injuries That Give Rise to a Personal Injury Claim

Children are naturally curious and active, which increases the likelihood of injuries. While some scrapes and bruises are a part of childhood, certain injuries at daycare can be severe and require immediate medical attention. Here are some of the most common injuries that occur at daycare facilities:

Fractures and Broken Bones: These injuries often result from falls off playground equipment or improperly supervised activities.
Head Injuries: Falls, slips, or being hit by objects can cause concussions or other traumatic brain injuries.
Cuts and Lacerations: Unsafe toys, sharp edges, or poorly maintained facilities can lead to serious cuts that may require stitches.
Choking: Small toys, food, or other objects can pose a choking hazard if children are not properly supervised.
Burns: If hot food or liquids are not properly handled, or if children gain access to dangerous areas like kitchens, burns can occur.
Illnesses: Daycare centers are responsible for maintaining proper hygiene. If cleanliness protocols are not followed, children may contract contagious illnesses.

Steps to Take After a Daycare Injury

If your child has been injured at daycare, it’s normal to feel overwhelmed. However, it’s important to take specific steps to protect your child’s well-being and your legal rights.

1. Seek Immediate Medical Attention

The first priority is to ensure that your child receives the medical care they need. Even if the injury seems minor, some injuries, such as concussions, may not show immediate symptoms. A thorough medical evaluation is essential to ensure your child is safe and to document the injury for any future legal action.

2. Document the Injury and Incident

Once your child is safe, document the details of the injury and the incident as thoroughly as possible. Take photos of the injury, ask the daycare staff for a written report of what happened, and collect contact information for any witnesses. Detailed documentation will be crucial if you decide to file a daycare injury claim.

3. Report the Incident to the Daycare Facility

Notify the daycare management of the incident and request a copy of their accident report. Daycare centers are often required to document injuries and accidents. Make sure you keep a record of your communication with the daycare.

4. Consult With a Skilled Personal Injury Lawyer

After ensuring your child’s safety and documenting the incident, the next step is to consult with a personal injury lawyer experienced in daycare injury claims. A lawyer will help you determine whether the daycare was negligent and what your options are for recovering compensation.

Who is Liable for Daycare Injuries?

Determining liability in a daycare injury case can be complicated, as multiple parties could be held responsible. Depending on the circumstances of the accident, liability could fall on:

Daycare Staff: If the injury occurred due to negligence or lack of supervision by a specific staff member, that individual could be held responsible.
The Daycare Facility: If the injury was caused by unsafe premises, defective equipment, or failure to follow safety protocols, the daycare facility itself could be held liable.
Third Parties: In some cases, a third-party contractor, such as a maintenance company or toy manufacturer, could be responsible for the injury if they provided unsafe equipment or failed to properly maintain the premises.

An experienced personal injury lawyer will investigate the case thoroughly to identify who is responsible and help you pursue compensation for your child’s injuries.

What Compensation Can You Recover for a Daycare Injury?

When filing a daycare injury claim, parents can seek compensation to cover the costs associated with the injury. This may include:

Medical Expenses: Compensation for hospital visits, surgeries, rehabilitation, and any ongoing medical treatments your child may need as a result of the injury.
Pain and Suffering: Injuries can cause emotional distress and physical pain for both the child and the family. Compensation for pain and suffering may be awarded to account for these non-economic damages.
Lost Wages: If a parent had to miss work to care for their injured child, they might be entitled to compensation for lost wages.
Future Care Costs: In cases of severe or permanent injury, you may also be entitled to compensation for future medical care and support services that your child will need.

Why You Need a Personal Injury Lawyer to Help You With Your Case

Navigating a daycare injury claim can be overwhelming, especially when you’re focused on caring for your injured child. A personal injury lawyer with experience in daycare-related cases can help relieve this burden by:

Investigating the Accident: Your lawyer will gather evidence, interview witnesses, and review the daycare facility’s history to establish whether negligence occurred.
Negotiating with Insurance Companies: Insurance companies often try to minimize payouts, but a lawyer can advocate on your behalf to ensure you receive fair compensation.
Filing the Claim: A lawyer will handle all legal filings and guide you through the process to ensure your claim is filed correctly and within the statute of limitations.

Contact the Personal Injury Lawyers at Birkhold & Maider, LLC if Your Child Was Injured at Daycare

No parent expects their child to be injured at daycare, but when accidents happen, it’s important to understand your legal rights and options. If your child has been hurt due to daycare negligence, you may be entitled to compensation for their injuries and the challenges your family has faced. By consulting with a personal injury lawyer from Birkhold & Maider, LLC you can ensure that your child’s rights are protected and that you receive the support you need during this difficult time.

Contact us today at 973-784-8583 or fill out our online contact form to schedule a free consultation and learn more about how we can help you pursue a daycare injury claim and recover the compensation your family deserves.