Child Injuries at Daycare – Who’s Liable?

Posted by Robert J. Debry
1
May 12, 2016
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Many parents in St. George, Utah and across the U.S. rely on a third-party for child care during some portion of the day. Taking a leap of faith by allowing your child to be in someone else’s care can be a little unsettling especially for first time parents.

What happens when your child is injured or even worse dies while under the supervision of a third-party? If you or a loved one experiences a case of wrongful death or injury at a child care facility – contact a lawyer. Here are some general points of consideration with regard to child care injuries.

Find Law, an online legal information source, writes “When a child's injuries are the result of an accident, you may be able to prove negligence against any individuals who owed a duty of care to your child at the time he or she was injured. Negligence occurs when a person who owed a duty of care to another breaches that duty by acting below a reasonable standard of behavior in a given situation, causing injury.”

When parents in St. George or nationwide entrust a third-party with the care of a child – the entire staff has a duty to protect the child from reasonable harm. If the third-party caregivers fail to protect your child – contact a lawyer because the institution may be liable for damages including wrongful death.

All Law, an online legal knowledge base, says to prove negligence parents will have to show the third-party agreed to supervise the child but failed to do so.  “Additionally, you must prove that your child’s injury was caused by the supervisor’s failure to properly monitor your child... [and] the injury to your child was foreseeable.”

All Law notes potentially liable caregivers may include, “teachers, daycare providers, babysitters or churches.” If your child was injured or suffered wrongful death in any of these care facilities in St. George or abroad – contact a lawyer for help navigating this difficult legal territory.

Children require different levels of supervision depending on age, mental and physical abilities as well as how many children are being supervised by the caregiver or facility in total. All Law writes, in many cases negligence arises from “an irresponsibly high child-to-caregiver ratio.

Incidents of negligent supervision may be serious enough to cause permanent physical or mental harm or wrongful death. Whether you’re in St. George or nationwide, contact a lawyer for help recovering.

Nicole Donaldson is a legal writer for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry. Follow on Twitter.

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