Daycare Facility Liability
When you place your child in a daycare facility there are certain safety expectations and regulations. It is the duty of the center to ensure your child’s safety and wellbeing while they are under the supervision of the daycare employees. There are certain standards which must be met and laws to be followed for every facility. This is done to protect children against harm caused by negligence and abuse.
A daycare facility should always have enough employees to properly supervise the children enrolled at the center. Children should not be left alone or overlooked because of overcrowding. If there is an imbalance in the ratio between children and daycare employees the children may wander off the premises or cause accidental injury to themselves. It is every caretaker’s duty to ensure each child is monitored properly and injuries are prevented.
By law, daycare centers also strictly forbid all kinds of mental, physical, emotional, and sexual abuse. If an employee or employees of a facility are causing intentional harm to the children under their care, that employee and center are accountable.
Filing A Lawsuit
In order to file a lawsuit against a daycare center for negligence, one must prove that the daycare center did not do their job in preventing the injury which has been sustained. To do this, the child should be immediately examined by a doctor and the following report and bills obtained. It is essential to prove that the cause of injury was something which could have and would have been prevented in any other daycare facility, and that the injury was caused by negligence or inadequate supervision on the part of the caretakers.
Once it is proven that the administrators of the daycare facility failed to do their job by preventing the injury, it should be determined whether or not the child would have sustained the injury despite the daycare’s irresponsibility. This is known as causation. Proximate cause must be addressed next, which means it is mandatory to prove there were no unforeseeable circumstances which caused the child’s injury, despite the daycare center’s actions.
It is only after the daycare facility is proven to be at total fault for the child’s injury that they can be held accountable in a court of law. Determining this is a tasking process requiring experienced lawyers who know what questions to ask and are familiar with the tricks played by insurance companies eager to settle out of court.
Shea Law Group Is Here For You
If your child has suffered an injury due to negligence at a daycare facility, or outright mistreatment from the facility employees, contact Shea Law Group. Our team of experienced lawyers will fight to get you the compensation you deserve for your family’s pain, suffering, and medical bills. We never charge a fee unless we win your case. Call us now at 1-(888)-979-9320, or visit us online to discuss your options.