Can a Daycare Be Held Liable for Your Child’s Injuries?
When one sends their child to a daycare center, they trust that the caregivers will provide a safe and caring environment for him or her. They also trust that the caregivers will take adequate measures to prevent any major harm from coming to their child. Unfortunately, daycare personnel are only human, and oftentimes, they have several children to care for—not just yours. A child is bound to receive scuffs and scrapes in their daycare environment, and yes, parents are bound to get upset by them. But scuffs and scrapes are normal, as is the occasional bruise or even broken bone; more often than not, they are the result of an unavoidable accident and nothing to sue over. Except when the accident was avoidable.
If your child was injured at his or her daycare, and if you believe that the injury was a result of negligence on the part of the staff, or even as the result of a hazard on the premises, you may be able to file a personal injury or premises liability claim.
When Can a Daycare Be Held Liable?
Just as with any other business entity or individual, a daycare center may be held liable for a child’s injuries if they failed to exercise due care to prevent any foreseeable injuries. “Due care” is defined as the degree of care taken by any reasonable person or entity, in similar circumstances, to prevent foreseeable harm. In the case of daycare personnel, they must meet extreme safety standards considering the age, physical and mental capacity, and curious nature of their patrons.
If your child was injured at his or her daycare, there are two main factors that the judge will consider when deciding the outcome of your case. They are:
- The cause of your child’s injury and how it occurred: The judge is going to want to know if the injury was a direct result of lack of supervision. If so, the daycare center would be liable for negligence on behalf of its employees, as it is the daycare center’s responsibility to provide employees that can perform the scope of work expected of typical daycare personnel.
- The nature of your child’s injury: The judge is going to want to know if the injury was foreseeable. In order to determine the answer to this, the courts will ask whether or not the circumstances were ones that any other reasonable daycare facility would have prevented. Examples of potential foreseeable daycare hazards include:
- Unsanitary conditions;
- Noticeably faulty playground equipment;
- Sharp and/or dangerous objects lying within a child’s reach; and
- Tripping hazards.
A child’s fall from playground equipment is also foreseeable when under adequate supervision, so an injury sustained as the result of a fall can also be a direct result of negligence.
As you can see, there are not many hazards or injuries that daycare personnel can foresee. Unfortunately, children are very unpredictable, and oftentimes very stealthy when making mischievous. Furthermore, children can harm themselves even in the most seemingly harmless circumstances. Because of this, it would be unfair to hold daycare personnel responsible for every injury ever sustained by a child in their charge. With that being said, if you believe that your child’s injury could have been prevented, it is imperative that you seek the legal assistance of an experienced Jacksonville personal injury lawyer.
Consult a Jacksonville Personal Injury Lawyer
The Jacksonville personal injury lawyers at The Pendas Law Firm are here to help you and your family in the event that your child sustains serious injuries at their daycare center. Daycares are supposed to be a place of safety and comfort, so we understand that it can feel like a huge violation of trust when the people that are supposed to keep your child safe fail in doing so. If you believe that your child’s injuries could have been prevented, contact the Jacksonville personal injury lawyers at The Pendas Law Firm to learn more about your legal options. Call us at 1-888-LPENDAS, or schedule a private consultation online. We also service clients in the Orlando, Tampa, Fort Lauderdale, Miami, West Palm Beach, Daytona, Bradenton, and Fort Myers areas.