What to Do If Your Child Is Injured at Daycare
Written by Cooper & Friedman PLLC on July 26, 2019
Whether you’re a first-time parent or have multiple children, parents agree that leaving their child at daycare can be nerve-wracking. There are plenty of things to stress about. From leaving your child in the care of someone else to being away for eight hours a day. So, the last thing you want to worry about is what to do if your child is injured at daycare.
There are quite a few things that you need to know if your child is injured while at daycare. The same goes for if your child is with a neighbor, in an after-school program, or in preschool. These are all situations where your child could be injured and liability could be questioned.
It’s important to know what the release forms you sign prior to a supervision agreement mean in a legal sense. You also need to know what to do, as a parent, immediately after learning about the injury. If you’re able to understand what the facility or caretaker is liable for and what to do in a situation where your child is injured then you’ll be able to act quickly and accordingly should a situation occur.
Who is Liable If Your Child Is Injured at Daycare?
Most daycares and other childcare facilities have air-tight liability clauses. A standard daycare liability clause clears the daycare of all responsibility in instances of injury, damage, loss, or death. However, if taken to court, very rarely are parent’s signatures admissible in regards to signing away their children’s rights. This can be seen in a wide variety of cases where a child has been injured while at daycare, or another childcare program, that have made it to court. And the reason is pretty clear. If it was possible for parents to sign away their child’s rights to be compensated for an injury then nothing holds daycare workers accountable for negligence or abuse.
In most cases of a child being injured, the court system will consider the child outside of the liability agreement. This means that if your child suffers an injury at daycare then the daycare is liable to cover those injuries. Injuries that daycare would be liable for could include:
- Bodily injuries that occur on the daycare’s property.
- Injuries sustained from a car crash in a daycare-owned vehicle (ie. a bus or van.)
- An injury occurred while a daycare worker, or another caretaker, was not supervising a child.
- An unsafe toy that the daycare provides injures a child while they are playing with it.
When an injury could’ve been prevented by daycare staff being present or the facility being better maintained, the daycare is liable. And, despite what a daycare’s liability statement may say, most injuries that children obtain while in the care of others are ruled in favor of the injured child when taken to court.
If Your Child Is Injured at Daycare…
If your child, or children, are injured while at daycare there are some steps that you should immediately take.
When you first hear that your child has sustained an injury while at daycare, you should:
- Immediately make your way to your child. If they have already been taken to an emergency room or hospital, meet them there. If the injuries are not serious enough to warrant emergency medical services, get to your child and then take them for a medical evaluation by your chosen pediatrician. Make sure to get it on the record with medical staff that your child was injured while at daycare.
- Take photographs of your child’s injuries as soon as you possibly can. Get photographs of the injuries from the moment they happen. And continue to take photographs as injuries heal. This will be good evidence should you decide to take the case to court for compensation.
- Gather witness statements from anyone who was at the daycare, or in the vicinity, and saw your child sustain those injuries. If there are people who saw what led up to the injury, how the incident played out, and what immediately followed the accident (including how the daycare staff reacted) will be helpful if you take the personal injury case to court.
In order to be successful in getting compensation in a child’s personal injury case, there must be proof of damages. You can prove damages by getting copies of your child’s medical records. Their bills for medical treatment sustained after the injury will also help. These records should include emergency care bills, bills for medical treatment, dental care records, and any mental health services necessary after the injury was sustained. It is also important to collect receipts for medical expenses that were paid for out-of-pocket. Remember to track mileage to and from medical appointments.
Choose Experienced Lawyers in Louisville, Kentucky To Be On Your Side
If your child has sustained an injury while at daycare, and you aren’t sure what to do or would like to get your child compensation for their injuries, it is important to contact a child personal injury lawyer. At the Law Office of Cooper and Friedman, in Louisville, Kentucky, we have over 40 years of combined experience dealing with personal injury cases including child personal injury cases. We offer free consultations and would love to learn more about your case. Contact us today by calling our office at 502-459-7555 or using our online contact form.