Most parents need to work, and that means they must trust the care of their small children to others. Every day, parents drop off their children at daycare providers while they go to work or school. As a parent, you need to feel confident that your child is in good hands and that they will be properly cared for when you are away. Unfortunately, problems can happen, and your child could get hurt while under someone’s care. Minor issues are expected from time to time, but what happens if your child is seriously hurt while attending daycare?
Common Injuries at Daycare
Injuries can happen at daycare facilities in a number of ways. Children fall and may have simple bruises or scrapes, which may be considered minor injuries. Major injuries may include broken bones, dislocations or sprains, head injuries, and lacerations, to name a few. Such injuries may happen due to playground accidents, falling down stairs, playing sports, slip and fall accidents, and transportation accidents, among others.
Daycare Providers Have a Duty of Care
Daycare providers have a duty of care to supervise children under their care and to prevent accidents and injuries from occurring. The failure of their duty of care means that they may have been negligent. A negligent party is responsible for any injuries or other damages that result from their lack of care. A daycare provider must take the proper steps to ensure the health and safety of all children in their care.
Contributory Negligence
In North Carolina, an injured party is not allowed to get compensation for any injuries when they themselves were negligent. A person who is found to be at all negligent in the accident will not be able to get compensation for their injuries. Generally, a young child will not be held negligent in most situations. Several factors will determine whether a child may have been negligent, such as the age and maturity of the child and the child’s ability to understand the risks involved in their actions. For example, a young child may not be expected to know that they could be seriously hurt if they fall from playground equipment.
Steps to Take After an Injury
Parents should take several important steps if their child is hurt while they are at daycare. First, parents should make sure that they report the incident to the daycare management. The management will document the incident with a written report. The daycare provider is required to submit an incident report to the North Carolina Division of Child Development and Early Education. Seek medical attention for your child’s injury immediately and maintain records of hospital and medical reports. You may wish to file a report with the state yourself.
You may need to remove the child from their current daycare provider if you feel that the daycare is unsafe. Consult with a personal injury attorney. Your lawyer will help you determine your options and the next steps you may take in the matter. Your attorney will assist with negotiation with the insurance company. In some cases, legal action may be needed to seek compensation for the costs associated with the injuries.
If your child was hurt at a daycare facility, you may be owed money for the injuries. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a free initial consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://ncchildcare.ncdhhs.gov/
https://www.law.cornell.edu/wex/negligence
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https://www.freeimages.com/download/preschool-class-activities2-2-1251386
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