Unfortunately injuries at day care centers are common. Though you most likely did extensive research on the facility you chose, negligence and improper training are things you can’t control.
Day Care Release Forms Don’t Prevent You from Suing
One common misunderstanding is that parents believe by signing a release form with an indemnification clause, they cannot legally sue a day care center for their child’s injuries. Though most day care forms include an injury clause stating they are released from all liability, this doesn’t stand in a court of law. Many day cares add this to their forms as a way to dissuade parents from hiring an attorney.
Traditionally, courts also don’t recognize indemnification clauses because it isn’t fair for parent’s to sign the compensation rights of their child away. Because parents aren’t being injured directly, the court will stand on the side of the child.
Proving Negligence
Unfortunately when a young child gets injured, they may not have the ability to speak for themselves. In some cases, day care providers have lied about the source of injury, placing the blame on the child or other children. No matter the circumstance, there may be a way to prove negligence against the day care workers or owner.
It is the responsibility of the day care worker to owe a “reasonable duty of care” to your child while he or she is in custody. What this means is the cay care workers should supervise children properly, provide a safe environment and avoid intentional injury. Day care centers should take every precaution to prevent injury, such as keeping the facility properly sanitized and locking up harmful cleaners. There should also be sufficient supervision during playtime on playgrounds where children may fall off equipment.
There is also a factor of proving causation, which requires the court to evaluate the factors of the circumstance. For example, if your child became violently ill due to a lack of proper sanitization or food handling, your child wouldn’t have been injured if the daycare took the proper precautions, which proves negligence.
Intentional Injury
While most day care injuries are a result of an accident due to negligence, some injuries are intentional. If a day care worker intentionally injures your child, you should absolutely call a personal injury lawyer.
If your child is injured to the point where they need medical attention, this is enough reason to consult an attorney. If you end up seeking medical attention, keep all records of the treatment and injury diagnoses. Take photos if you are able.
However, some injuries still call for an attorney, even if no medical visit is needed. Emotional trauma can justify an attorney as well; don’t be afraid to call. An experienced personal injury attorney can determine if your case is worth taking further.
Even if you don’t feel you have proof, it is your attorney’s job to help your child receive the compensation they deserve, whether it’s through your insurance company or if the case goes to trial. Call the experienced lawyers at Laird Hammons Laird today for a free consultation: 405-301-8586
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