Most parents take the responsibility of finding good childcare extremely seriously and do their best to find the best care facilities they can. Even the best of facilities can hire people that are not equipped to deal with children in a safe manner, though. When the worst happens and your child gets harmed while at a daycare, you may have to take action. Read on to find out more.
You've done your part and located a good daycare center. It is the job of the facility to make sure your child stays safe while they are in their care. This is known as liability, which is another way of saying fault. It's not your fault that the facility failed to put covers on the outlets – that's the responsibility of the facility. When your child is hurt, the daycare center is likely liable. Children are owed an extra layer of protection due to their young age and vulnerability. That means anyone in the daycare business should be prepared to go over and above to ensure the children are safe in their care. When that fails to happen, it's known as negligent supervision.
When someone is harmed by the acts of another, they are owed what are known as damages. "Damages" is a catch-all term for a list of the ways a victim has been harmed. Damages depend on the circumstances, but common damage categories for a negligent supervision case might include the following:
- Medical expenses, both present and future. For example, if the child needs surgery or other care when they are older due to this injury, this clause pays for it.
- Pain and suffering, which is usually based on the dollar amount of the medical expenses.
- Lost wages of the parents.
Unfortunately, the type of harm children can suffer from due to negligent supervision numbers in the hundreds. Even the safest of facilities can hurt a child. One tragic example is that of children left behind in daycare vans to die in the heat. Other common daycare injuries that the facility is probably liable for include:
- Allowing one child to hit or hurt another child.
- Not properly supervising children on the playground equipment where many accidents happen.
- Allowing a child to come in contact with a sexual predator.
- Leaving dangerous chemicals out for children to access.
If your child has been harmed by a daycare, speak to a personal injury attorney.