daycare centerYou may be shocked to know that the number of children seriously injured every year at daycare centers is unacceptably high.
Parents unwittingly place their trust in these centers to protect their precious little ones. However, children in Missouri and Arkansas are being injured as a result of the negligence of daycare centers every day.
A personal injury lawyer in your area can provide you with the advice you need to seek compensation for your child’s injuries.
Those who are in charge of caring for your children need to be held responsible for their neglect.

Holding private daycare centers liable for injuries to a child

A private daycare center or nursery can be held liable for injuries a child suffers while in its care.
These professional caregivers are required to exercise the highest degree of care and protection of the children they are charged with supervising.
This duty includes taking appropriate precautions to prevent dangerous conditions from existing on the premises.
If a daycare center fails to perform its duty, and a child is injured as a result, the daycare center or nursery can be held responsible.

What types of dangers would a daycare center be expected to prevent?

The laws of each state on this issue are different.
However, there are some common types of dangers that are typically associated with supervising children which should be prevented.
For example, daycare centers are expected to provide safe toys for the children to play with, as opposed to toys with known defects or that are toxic.
Children must also be protected from electrical, sharp and poisonous hazards.
Put simply, safety must be a primary concern. The dangers that should be prevented are those that can actually be controlled by the daycare center.
On the other hand, courts rarely hold daycare centers liable for injuries resulting from normal childhood play.

Liability for injuries caused by other children

In most situations, when a child at a daycare center is injured by another child, it is the result of normal childhood play.
Courts typically recognize that when children interact normally, physical injury is a possibility.
However, if there is a child who is particularly aggressive and is known for causing injuries to other children, and the daycare center does not take any action to remedy that danger, then liability may be a possibility.

How can a personal injury lawyer help?

If your child was injured while in the care of a daycare center, the first step after seeking necessary medical attention, is to contact a personal injury lawyer.
Even if liability seems straightforward to you, your state’s laws relating to personal injury claims may be tricky.
What is considered a “reasonable” danger, for which a daycare center could be held liable, differs from one state to the next?
If you want to increase the likelihood of the success of your case, a personal injury lawyer can make the difference.

Are daycare centers regulated by anyone?

Typically, each state provides the minimum standards required of a childcare center.  In Missouri, the Department of Health and Senior Services regulates daycare service providers.
In Arkansas, the Department of Human Services is tasked with the oversight of daycare centers.
For example, in Missouri, all complaints made against a licensed, regulated child care program is investigated by a childcare specialist.
If the alleged violation is sufficiently serious, it may also be referred for possible legal action.  If a childcare facility is operating illegally, it can also be investigated.

What should I do if my child has been injured while at daycare?

The first step should be to obtain a clear understanding of what happened to your child.  Take notes regarding your conversations with employees of the daycare center will be helpful if you decide to pursue legal action.
It is also very important to document your child’s injuries with photographs or videos, as these injuries will hopefully resolve themselves.
There also needs to be a record of all medical treatment that your child receives as a result of the injuries.

Should I settle my personal injury claim?

You may be wondering if you should settle your claim against the daycare center.
Your personal injury lawyer can provide the best advice about settling.  The settlement is a way to avoid legal expenses.
For businesses, settlement can provide privacy regarding a potentially negative legal matter, which can be very important.  Settlement can also be a way to resolve the legal matter quickly. Trials can last for months, if not years.
No matter how good your case may seem, whenever the case is filed in court, there is a chance that you receive no compensation at all.
So, discuss your settlement options with your personal injury lawyer.
If you have questions regarding claims against daycare centers, or any other personal injury concerns, contact us online or by calling the Cottrell Law Office at 888-612-0583.

Author Photo

Wesley Cottrell

Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.

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