According to ChildCare Aware of America, approximately 11 million children are in childcare programs in the United States. This includes childcare centers, family home childcare homes, and care in their own home by someone other than a parent. Approximately two-thirds of infants are in childcare, with 30% of such arrangements being counted as full-time. Tragically, 1,362 children died in childcare during an 18-year longitudinal study. Thousands more children suffered daycare injuries annually. If your child has been injured, you may have questions about your legal rights and options. Take the next step in your search for answers by scheduling a consultation with a daycare injury lawyer with Steelman Gaunt Crowley by calling (573) 341-8336.
Common Types of Daycare Injuries
As most parents of young children will know, toddlers can be accident-prone. Daycare injuries can take many forms, including:
- Traumatic head injuries
- Facial injuries
- Neck injuries
- Broken bones
- Scrapes
- Bruises
- Twisted ankles
- Black eyes
- Soft tissue injuries
Daycare injuries can also leave your child with emotional damage. They may be afraid of returning to the same daycare where they were injured, or experience anxiety around other children, especially if they were playing with daycare companions when they were hurt.
Possible Causes of Daycare Injuries
Just as there are many types of daycare injuries, there can be many causes, too. Some of the many potential causes of daycare injuries may be:
- Falls
- Trips
- Bites
- Contact with hot liquids
- Choking
- Drowning
- Defective playground equipment, toys, or children’s items
- Fights with other children
- Neglect
- Abuse
A careful investigation after an injury is important to determine how the injury occurred and how it might have been prevented.
What To Do After a Daycare Injury
When a child has daycare injuries and the parent did not see the moment when their child got hurt, uncertainty can cause a sense of confusion and even panic. However, there are certain steps parents can take to find out what happened and what to do next. If your child is injured at daycare, consider taking the following steps.
Stay Calm
Parents should try to stay calm after learning about their child’s injury, even if maintaining equilibrium seems difficult at the time. They will need to be able to think clearly, and in general it is best not to worry the child.
Seek Medical Attention
The most crucial step to take after a daycare injury is to seek medical attention for the child. Depending on their age and abilities, a child may not be able to communicate about their injuries. A medical provider can check for signs of injuries that are not obvious, such as traumatic brain injuries or internal organ damage.
Report the Incident
Report the incident to the daycare facility and ensure that a written report is made about the incident. This report can help with any legal claim and document the important events and people involved in the incident. In some instances, this report may be written before the parent arrives in the wake of the injury. Parents should always request a copy of the incident report for their own records.
Gather Evidence
Gathering evidence after the accident before conditions are changed or witnesses forget about what happened can form an important part of the post-accident process. Here are some steps parents can take to preserve crucial evidence:
- Take pictures – Take pictures of the location where the accident occurred and any factors that could have contributed to it. Photograph the child’s injuries as they progress.
- Note whether there are any video recordings – The daycare may have CCTV surveillance or an in-home security system that could have recorded the event. Note whether the daycare has such recordings.
- Ask witnesses for their information – If there is reason to believe that someone saw the accident, ask for their name and contact information. The parent or a lawyer, if the parent chooses to hire one, can reach out to them and get a statement from them about what they know.
- Keep medical records – Keep all of the child’s medical records, reports, doctor’s notes, medical test results, and other medical information that establishes the full extent of the child’s injuries.
- Keep your child’s clothes – The child’s clothes and shoes may have evidence, such as remnants of whatever caused them to fall. They could have blood to prove the injury occurred. Keep this clothing and do not launder it.
Learn About Your Legal Rights and Options
Consult a daycare injury lawyer to learn about the legal rights and options parents may have. A lawyer will know how to investigate whether the daycare has a history of incidents involving negligence. They may also take proactive steps to preserve valuable evidence, such as instructing the daycare to keep any surveillance footage. A lawyer will also have the training to effectively interview witnesses and obtain statements to bolster the case.
An experienced injury attorney with Steelman Gaunt Crowley may be able to answer your questions and explain your options during a free, no-obligation consultation. Common next steps include filing an insurance claim with the daycare’s property or liability insurance. Another option could be filing a personal injury lawsuit against the daycare. Even if the injury was due to a single employee’s actions or inactions, employers are frequently responsible for the actions of their employees. An experienced lawyer may be able to review your particular situation and build a strategy based on the strengths of your case.
What If You Sign a Waiver?
Daycares may have parents sign a release form at the time their child begins attending the facility that states that if their child is injured, their parent assumes all risk and cannot pursue a claim against them. According to The Nonprofit Risk Management Center, Missouri courts sometimes enforce waivers and sometimes reject them, so the signing of a waiver may not necessarily mean the daycare is released of liability the way they hope. A lawyer may be able to evaluate the waiver a parent signed and determine whether the parent could have foreseeably anticipated the way their child would be injured, as well as whether the parent had the right to sign away their child’s right to compensation. Depending on the circumstances, an attorney familiar with liability laws may be able to present an argument for why such a waiver should not apply in this case.
Parents who are asked to sign a daycare liability waiver stating the daycare is not responsible for their child’s injuries after an accident may wish to first seek legal advice from a qualified lawyer. These waivers, if enforced, may restrict the parent’s options, and reduce or eliminate compensation that they might otherwise be entitled to.
Damages in Daycare Injury Cases
If your child was injured at daycare, you may have a claim to seek compensation for the damages your family has endured because of the daycare’s negligence. Depending on the circumstances, this could include compensation for the following:
- Your child’s emergency medical treatment, ambulance services and ongoing medical care
- Anticipated medical expenses your child may incur in the future related to the injury
- Wages you lost and employment benefits you used to take your child to medical appointments
- Psychological counseling costs to help deal with the emotional aftermath of an accident and injury
- Your child’s pain and suffering
Contact a Daycare Injury Attorney For a Free Case Consultation
If your child has suffered daycare injuries, consider contacting Steelman Gaunt Crowley to speak with a daycare injury lawyer. We may be able to explain your legal rights and options and assist you with pursuing a claim for compensation. Schedule a consultation by calling (573) 341-8336 today.
