Holding Daycare Centers Accountable for Child Injuries

You drop your child off at the daycare center assuming that they will be safe during their stay. However, accidents can happen at a daycare center. In some instances, children are harmed in daycare because those responsible for their wellbeing are negligent. Was your child recently injured at daycare? If so, you may have grounds to file a claim or lawsuit seeking compensation for medical bills and related losses resulting from their injuries. Keep reading to learn more about how this may be an option for you.

The Importance of Daycare Center Policies

When you selected a daycare center for your child, you likely signed a contract stating certain policies. It’s not uncommon for many daycare centers to have language in their contracts stating the daycare center isn’t liable for injuries to a child.

It’s very possible your daycare center contract has this type of language. If it does, that doesn’t necessarily mean you’ll be unable to sue for compensation. However, it does mean the process of recovering the compensation your child deserves may be more difficult than anticipated.

This is one of many reasons it’s wise to review your case with an attorney when your child has been injured in a daycare setting. By speaking with a legal professional who has experience handling cases like yours, you can come to better understand how such language in a contract doesn’t always mean filing a lawsuit is impossible. A lawyer can also help you fight for the compensation that’s available if you decide to work with them.

Types of Compensation Available When a Child is Injured at a Daycare Center

The compensation that may be available after a child sustains injuries at a daycare center can vary depending on the specifics of the situation. The following are a few types of losses and struggles for which compensation might be recoverable in these circumstances:

• Medical bills (past and future)
• The cost of traveling to medical appointments
• The cost of medication
• Other related costs, like the cost of counseling or therapy
• Pain and suffering, including emotional trauma

It’s important to document all the losses and struggles resulting from your child’s injuries. When you submit a claim or lawsuit, submitting documentation (such as copies of medical bills) can help you more clearly demonstrate why you deserve the compensation you’re asking for.

What You Need to Know About Liability When a Child is Injured at a Daycare Center

The daycare center itself is typically one potentially liable party in these cases. However, in many cases, individual daycare workers may be held liable. Although the employer is usually the one considered liable for the actions of employees, in certain circumstances, filing a lawsuit against a specific worker is a possibility. A legal professional reviewing your case can explain whether this is an option you may consider.

Parents of children injured at daycare centers might also sue third parties for injuries. For example, perhaps all staff at the daycare center were performing their duties correctly and supervising children responsibly, but your child nevertheless sustained injuries anyway when they were hurt playing on a piece of defective playground equipment. In this instance, the manufacturer, designer or installer of the piece of defective equipment might be the one responsible for providing compensation.

Identifying the liable party in your case may require conducting an investigation. Don’t worry if you fear you lack the time or resources necessary to conduct such an investigation on your own. By enlisting the help of attorneys, you’ll have professionals on your side who can handle the investigation on your behalf while you focus on ensuring your child receives the treatment they need.

What to Do When Your Child is Injured at Daycare

Your first priority when your child has been injured at a daycare center is to make sure they get treatment. Save copies of all medical records and bills, as they may serve as valuable evidence later on.

Make a list of all the daycare staff you believe may have participated in or witnessed the incident that resulted in your child’s injuries, but don’t make any accusations. It’s also important not to discuss the case with anyone too openly. This includes not posting about the matter on social media.

After taking your child to a doctor, schedule a free consultation with our team at Swartz & Swartz, P.C. A Boston child daycare injury lawyer will gladly review your case and answer your questions. Hire us, and we’ll aggressively pursue compensation for you and your child. Get started today by contacting us online or calling us at (617) 742-1900.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.