Daycare is beneficial to both children and parents. It allows little ones social interaction with their peers in a stimulating environment. At the same time, daycare makes it possible for parents to work without worrying about who will watch their children. In fact, 58% of parents who work depend on childcare facilities.
Unfortunately, you cannot keep track of everything that happens at daycare. While most childcare workers are typically highly trained and genuinely care for their charges, some are not. Additionally, even a small lapse in judgment—such as allowing a child to use the swing set unattended—can result in an injury to a child.
In situations like this, daycare facilities may be held accountable. Read on to learn more about injuries at daycare and what legal actions you can take.
Can I File a Claim Against the Daycare?
Some daycares ask parents to sign a waiver to protect themselves from liability in cases of accidents and injuries. However, this waiver will not apply if the daycare breaches its duty of care. The facility must follow the rules for providing childcare in California. If they do not, they can be held accountable for injuries that occur within their premises.
The daycare facility may be held responsible in the following situations.
- Negligence – Improper or lack of supervision
- Lack of staff – Improper ratio between children and care and staff
- Lack of certification and training
- Unsafe environment – Equipment, toys, sanitary products, and the like
- Unlawful action – Physical, mental, or sexual abuse.
When Is My Daycare Not Liable?
Whether your daycare can be held liable depends on many factors. Some situations where they can be relieved of responsibility are:
- When the child gets injured due to a defective product (toys, swings, clothes, paint, and other items found on daycare premises)
- When the daycare partners with a staffing agency that doesn’t follow hiring regulations
It’s best to consult a California child injury attorney to know whether your daycare has breached its duty of care and whether it can be held responsible.
What To Do After the Injury Occurred
If you don’t have sufficient proof, missed the deadline for filing a claim, or talked to an insurer who twisted your words, you might find it difficult to win your case.
Here are the steps you should take to help ensure this doesn’t happen:
- Report the injury to the daycare’s director
- Document the injury with photographs and videos
- Visit a doctor to treat and diagnose the injury
- Contact a personal injury lawyer
Legal Counsel and Representation for Daycare Injury Cases
As a parent, you have the right to hold the daycare responsible for negligence and abuse. However, we understand that filing a case and seeking justice can be stressful, especially when you’re already worried about your child and focused on their healing.
At Haffner Law, we will work hard to give you peace of mind by holding the daycare responsible for the injuries suffered by your child. We aim to get the compensation you deserve to cover the costs of medical treatment and other damages.
To book a free consultation with an experienced daycare injury attorney, contact Haffner Law today. You may fill out our online form or give us a call at 213-514-5681 so that we can discuss your case.