Thousands of parents rely on daycare centers to take care of their children, relinquishing temporary custody of their kids to the daycare center employees. Although most children in daycare centers do not experience any sort of harm, there are instances where an injury occurs due to negligence.
The elements of a daycare personal injury claim include:
- The daycare center had a duty of care to protect a child from undue harm.
- The daycare center breached its duty of care.
- The breach was the direct and proximate cause of a child’s injury.
- The injury must have been easily seen and avoided by daycare employees and management.
- Proof of the nature of a child’s damages.
It is presumable that a daycare center will do whatever it reasonably takes to protect kids under their care from undue harm and bodily injury. When a daycare center fails to do everything reasonably possible to protect its children, it breaches its duty of care.
In order to prove direct and proximate cause, parents must demonstrate the daycare center’s breach of its duty of care was the only cause of their child’s injury, which is a direct link to a child’s injury. To qualify as negligent, the event causing the child’s injury needs to be foreseeable.
The following are the most common injuries in a daycare:
- Playground injuries, such as concussions, bone fractures, and internal injuries.
- Loose and falling objects.
- Bottle warmer burns.
- Minor scrapes and bruises.
If your child suffered an injury in a daycare caused by a negligent worker or manager, you must seek legal representation from an experienced personal injury lawyer. At Eliot Reiner, APLC, we can investigate your child’s accident, gather and analyze evidence, negotiate with insurance adjusters, and help you obtain the most favorable results possible.