Does Your Child Have Legal Rights After Getting Injured at A Daycare Center?

Does Your Child Have Legal Rights After Getting Injured at A Daycare Center?

Childcare plays a vital role in many families’ lives in the U.S. You work hard to juggle work and family obligations. Unfortunately, many parents must choose between the two.

According to The Center of American Progress, nearly half of all U.S. workers are women and mothers that work from home.

  • Nearly 76% of full-time mothers take advantage of some form of family care
  • Compared to full-time mother’s, 86% of part-time mothers depend on family care

While this affects both men, women, and family structures overall, more workers wonder what they do that best suits their circumstances. But, those with an opportunity to drop their children off never expect them to get hurt. When your child gets harmed under the supervision of an experienced caretaker, you should seek emergency care and file a report immediately. Especially if you suspect the following:

  • The caretaker is untrained
  • The caretaker lacks patience and maturity
  • The environment lacks nurturing care
  • There is limited supervision to the child/children

Once you’ve submitted a report of the incident, reach out to a Los Angeles personal injury attorney to protect your child’s rights.

What Happens If Your Child Is Injured?
It is well-known that infants and toddlers are active and enjoy crawling, walking, and jumping. With that in mind, daycare workers must be able to approach and handle the situations presented calmly. Unfortunately, most accidents that take place result from a lack of patience. At a daycare center, the entire institution has a legal responsibility to provide supervision and protection to prevent injuries.

When your child gets hurt or harmed, legal action is the next step. Because your child is a minor (younger than 18-years-old), you can act on his/her behalf in court as a parent or guardian. In most child injury cases, parents pursue compensation for medical bills, pain, and suffering. Depending on the nature of the injury, it may get tried in civil court. However, it is best to consult with a legal professional first before making that decision. Because the circumstances can be dire and urgent, an attorney for child injuries in Los Angeles might also be able to request reimbursement for out-of-pocket expenses from the negligent party.

Liability Waivers
Before you enrolled your child in a daycare center, you may have had to sign a liability waiver. In California, waivers of liability are generally enforceable if presented with clear and objective terms and meet strict criteria. Waivers are a protective measure. It safeguards centers and staff from getting sued for negligence or personal injuries. However, just because you signed does not mean that you do not have a chance at compensation.

Each incident differs per child. Their legal rights depend on what took place. For example, if your child sustained a broken leg from a disciplinary action conducted by an employee, they might be charged with aggravated battery. Why? The caretaker failed to mind his/her behavior and engaged in hostile acts. The center shares liability for not guaranteeing a safe learning environment.

Accidents can happen at any time. But when they do, you can count on personal injury attorney David Grey to handle your case as you focus on tending to your child’s needs. Brain injuries, fractures, and sprains are traumatic and can be life-threatening. It warrants a discussion and investigation.

 

By |2021-06-10T10:26:54+00:00June 3rd, 2021|Uncategorized|0 Comments