What Are My Legal Options if My Child Was Hurt at Daycare?

 Posted on July 15, 2021 in Personal Injury

When parents drop their children off at daycare, they trust that the staff will keep their child safe. Unfortunately, some daycare facilities do not meet these expectations. When a child is injured at daycare, nursery school, summer camp, after-school program, or another type of childcare facility, the facility may be liable for damages. The parents may be entitled to compensation for medical bills, lost income, and other costs.

When is a Child Care Facility Legally Responsible for a Child’s Injuries?

As any parent can tell you, children get hurt all the time. However, daycare facilities are legally obligated to prevent reasonably foreseeable injuries. The facility should be kept clean and free of hazardous objects. Children should be properly supervised. Staff should be vetted for any history of child abuse. When a daycare facility fails to uphold this duty and a child is harmed as a result, the daycare may be legally responsible for the child’s injuries.

There are almost countless ways that a daycare may be liable for injuries but, often, personal injury claims against daycare facilities involve:

• Negligent hiring – Daycares are responsible for ensuring that staff do not present a danger to children. If a daycare failed to perform a criminal background check and a staff member with a history of child abuse harmed a child, the parents may hold the daycare liable in a personal injury claim. This claim may be brought in addition to any criminal consequences the staff member or facility faces.

• Negligent training – Daycares should also ensure that staff are properly trained on how to prevent and deal with child-related emergencies.

• Inadequate sanitation – Now more than ever, daycare facilities have a duty to ensure that the facility is sanitary and clean. Poor sanitation can lead to numerous preventable illnesses.

• Environmental hazards – Childcare facilities should be equipped with safety measures including smoke detectors and other fire prevention equipment. Hazardous materials like cleaning supplies or medication should be kept out of children’s reach.

• Negligent supervision – Many preventable child injuries can result from inadequate supervision. Playground injuries, toy-related accidents, and child-on-child violence are just some of the ways that children are injured when adults do not provide reasonable supervision.

Suing a Daycare for Damages

If a daycare’s negligent or wrongful actions led to your child’s injury, you may be able to hold the facility accountable and collect damages through an injury lawsuit. You may be able to recover financial compensation for medical expenses, including emergency room bills, doctor’s appointments, psychological counseling or other mental health care, and more. You may also be able to recover compensation for your child’s pain and suffering. If you had to miss work to care for your child or take him or her to medical appointments, you may be able to recover compensation for your lost income as well.

Contact a Palatine Child Injury Lawyer

If your child was hurt while in the care of another party, you may be able to hold that party responsible and recover monetary damages through a personal injury lawsuit. Contact a Rolling Meadows daycare injury attorney at Newland & Newland, LLP to learn more. Call 847-797-8000 for a free consultation.

Source:

https://www.illinoiscourts.gov/courts/circuit-court/illinois-pattern-jury-instructions-civil/