If your child was injured at daycare, you must seek a resolution from the daycare owner. While daycare injuries are usually temporary, you must determine if there was negligence on the part of the daycare owner. Speak to a personal injury attorney if you think your child was injured at daycare or if they were left behind on a bus or van.
Why are Kids Being Left in the Daycare Van or Bus?
The reason for the problem is simple: daycares don’t have a system to keep track of their children. They have no way to ensure they’re out of the van before the next trip. Kids are often left alone on buses or vans when there’s no way to check them in and out.
In one case, a Rochester family called for accountability after their four-year-old daughter was left in the van for nine hours. A van service picked up Makyia Artis from her daycare. After being left in the van by the daycare staff, she was left to sleep in it for nine hours. The mother was told she was okay, but the daycare staff had forgotten about her.
Avonda Fox, a parent of a four-year-old, found out what happened when her daughter was left in a daycare van. She told police her daughter was sleeping in the van’s back seat and that the staff did not check to see if Artis was outside. The daycare van monitor did not follow the sign-in protocol, and Artis was marked absent from school. Dunbar reported the incident to the state, fired the van monitor, and apologized to the family.
What is Negligence in Daycare Injuries?
The key to successfully pursuing a daycare injury lawsuit is to prove that a breach of a child’s duty of care caused the injuries. In other words, negligence must directly link the child’s injury to the daycare center’s failure to provide a safe environment for children. Therefore, you must have good evidence to support your claim, especially if the child is young and cannot articulate their injury.
While the presence of a code violation does not necessarily prove negligence, the existence of a causal connection between the injuries and the daycare’s duty to provide a safe environment can be enough to establish a case. A more vital link between negligence and the injuries will likely result in a settlement. In addition, negligence can include events outside of the daycare’s control. A qualified daycare attorney can help you determine whether or not daycare is liable.
In addition to the legal burden of proof, parents must show that the daycare owes a duty of care to the child. They must also prove that the daycare breached that duty. But if the negligence is proven to have been intentional, a daycare may be liable for the injuries. Retaining an experienced daycare injury attorney as soon as possible is essential.
What Can I Do if My Child Has Been Hurt at Daycare
If your child is injured in a daycare setting, you have many options for pursuing compensation. First, contact the daycare’s director or supervisor to discuss the injury in detail. If possible, leave a voicemail describing the incident and requesting a follow-up call. Then, if possible, document the incident by taking pictures or videos and requesting copies of video surveillance footage.
If you are concerned that your child was abused, you can report it to your child’s daycare. Most children who have experienced sexual abuse will be more aggressive. They may even talk about inappropriate sexual concepts. It’s essential to seek medical care for your child. If the daycare provider fails to follow the law, you may have a legal case against them. A child’s injuries may have occurred because of a daycare worker’s negligence.
In many cases, a daycare provider can be liable for injuries if they fail to follow proper safety procedures. While daycare workers are required by law to protect children from dangerous individuals, they cannot always be trusted. In such situations, seeking medical care and retaining copies of all medical bills is vital. Always consult a lawyer before making any statements, accepting a settlement, or signing a medical records authorization.
Can I Still Sue if I Signed a Liability Clause?
Contacting an attorney is the first step in pursuing a lawsuit against a daycare provider. Although the attorney can give you advice regarding the best course of action, the first step is to document the incident. Document the injury as best as you can and take pictures of it. Also, speak with other witnesses and gather their information if possible. Write down the details of the accident and obtain witnesses’ signatures.
If the daycare left your child on a bus, you might be able to prove negligence. Moreover, you may need surveillance footage and witness statements to establish the negligence. In the North Thurston case, there appears to be a breach of duty. If you want to proceed with a lawsuit, it is crucial to establish causation, the relationship between the breach of duty and damages.
Under certain circumstances, you can also sue the daycare on behalf of your child. Most daycares include an indemnification clause in their liability agreements. This provision generally relieves them of liability for your child’s injury. However, this clause is against public policy and usually does not hold up in court. You should be prepared to provide medical evidence proving that the breach caused the injury, as this is essential to prove the case.
How a Personal Injury Attorney Can Help
In case of serious injuries, parents should seek medical care for their children immediately. Injuries to children are not typically minor and do not disappear after a couple of days. Washington State Statistics reveal that 353 children suffered severe injuries in daycares. Furthermore, 82 children were abused in daycares. While this does not necessarily mean the daycare should be blamed for the incident, getting medical treatment for your child as soon as possible is a good idea.
The law governing personal injury claims comprises several legal rules, collectively known as tort law. The most common of these rules is negligence. A person causes harm to another party without care, and this type of negligence is considered a breach of duty of care. Caregivers are required to take reasonable measures to ensure a child’s safety, and if they fail to do so, they are liable for the child’s injury.
A personal injury attorney could help parents if the daycare leaves their child on a bus. A personal injury attorney can help parents pursue compensation for the physical, psychological, and financial harm their child suffered. A lawyer can help you with the legal process and provide evidence. An attorney can help you gather the evidence needed to prove your case. If you feel the daycare has neglected your child, you should hire a personal injury attorney.