In today’s society, both parents of a family with children often work. This has given rise in the past several decades to child care facilities that will watch your children from early morning until you pick them up after work.
Your expectation is that your child will be carefully watched, fed, and learn and play in a safe environment. However, even at the best day care facilities, accidents can happen and children can be injured. Some injuries amount to nothing more than the usual cuts and scrapes, while others are serious medical emergencies.
Types of injuries children can incur at daycare facilities.
We all know accidents can happen, but if there is negligence or abuse involved when a child gets hurt at a day care center or after-school program, the law gives parents some recourse. Some of the injuries children may sustain at a day care facility for which we represent clients, include the following.
· Shaking baby syndrome
· Playground injuries
· Exposure to lead, paint or other toxins
· Physical abuse
· Swallowing a sharp or other harmful object
· Faulty toys or equipment
· Food contamination
· Unsanitary conditions
· Transportation injuries, including school bus accidents
· Injuries due to lack of supervision
· Negligent hiring of unfit staff
· Serious falls due to negligence
· Injuries sustained by disabled children
Proving day care negligence
Day care facilities have a duty of care to provide the safest and healthiest environment for our children. However, just as in any other personal injury case, claims of negligence against a day care center must be proven. An experienced personal injury attorney will help parents show whether the facility failed to exercise reasonable care and supervision that would prevent a foreseeable injury to the child.
In determining whether the day care facility provided appropriate care, some of the issues a personal injury lawyer will consider and investigate include the following.
· What caused the injury? Was the staff guilty of poor supervision? If they were, the day care can be held liable, as it is their job to hire responsible employees.
· What was the nature of the injury and was it foreseeable? In other words, was the type of injury the child incurred preventable?
· Was the breach in the day
· care center’s duty of care the one and only reason for a child’s injury, with no other intervening causes?
As a parent, what are the signs of negligence you should look for?
There are state and federal laws governing the standards that day care facilities must follow. These include removing known dangers, providing proper supervision, and maintaining adequate emergency kits.
Parents can help avoid a child’s accident by making sure the day care facility provides the following:
· A legal child to caregiver ratio
· The presence and easy access to the emergency kit
· Safe playground equipment and playground environment
· Adequate food and water
· Clean bathrooms
· Safety measures in place to ensure a child doesn’t wander off
· An enforced policy prohibiting all forms of physical, mental, emotional and/or sexual abuse
As hard as it might be to think about your children be injured at his day care facility, it’s important that you stay alert to possible dangers. The fact is that our children are vulnerable, and it is up to us to safeguard their well-being.
For more information on day care facilities and protecting our children in the state, the Wisconsin Department of Children and Familieswebsite has agreat deal of helpful information.
If you believe or suspect that your child is a victim of negligence on the part of a day care center or an after school program in Wisconsin, give us a call so we can discuss it.
If you have any questions about this topic or any other questions related to personal injury law, please call us at 920-725-8464, or toll free at 1-800-529-1552. Our personal injury consultations are always free.
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The content of this blog was prepared by Law Offices of DiRenzo & Bomier, LLC for educational and informational purposes only. It is not intended to solicit business or provide legal advice. Laws differ by jurisdiction, and the information in this blog may not apply to you. You should seek the assistance of an attorney licensed to practice in your state before taking any action. Using this blog site does not create an attorney-client relationship between you and Law Offices of DiRenzo & Bomier, LLC -client relationships can only be created by written contract.