Can I Pursue Legal Action if My Child Was Injured at Daycare?

child playing with different colors of clay
January 17, 2020

It can be very difficult for a parent to part with their child and leave them in the hands of a daycare. It is the job of a daycare to ensure that the children there are safe and happy at all times. Fortunately, this is usually the case. However, there are cases in which negligence occurs at the daycare, resulting in harm to a child. When dealing with these situations, it is crucial to retain the services of an experienced Philadelphia personal injury attorney to defend the rights of your child.

What is Considered Daycare Negligence?

There are many circumstances in which a daycare will ask parents to sign a waiver with a “liability clause.” This is done in order to deter parents from pursuing legal action against the establishment in the event that something happens to their child at daycare. However, it is important to know that it is possible to hold them liable for injuries to your child even if you have signed this waiver. This may be done in the event that any of the following examples of daycare abuse or negligence:

  • Small objects are strewn about the property. Daycares are legally obligated to make sure any potential choking or toxic substances are kept away at all times, out of a child’s reach.
  • If you notice your child is losing a significant amount of weight or seems hungrier than normal when they come home, they may be malnourished if they are not provided adequate amounts of food at daycare.
  • Broken glass, rusted playground equipment, mold, or any other hazardous property conditions that can threaten the well-being of a child.

How Can I Pursue Legal Action for Negligence?

In order to hold a daycare provider liable for negligence, the parent must work with an attorney to prove that the child was, in fact, injured at the expense of the establishment’s inappropriate behavior. This can be done by proving the following during the lawsuit:

  1. The child was enrolled in the daycare, meaning the establishment owed the child a duty of care
  2. The daycare employer or their staff breached the duty of care by engaging in negligence
  3. The child’s injuries were a direct result of this negligence
  4. The child suffered significant damages due to the accident

These can all be proven with evidence in court. Helpful evidence can include medical documentation of the child’s injuries, a police report, pictures of the injury and the safety hazard, and more.

Contact our Firm

If you or a loved one has been in a personal injury accident in Pennsylvania, it’s important that you contact an experienced Philadelphia personal injury attorney to help you with your case and to make sure that you are not taken advantage of. Contact attorney Rand Spear to get the right attorney in your corner.