California Daycare Injury Lawyers
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California Daycare Injury Lawyers Navigating Legal Claims With Care
It is normal for children to experience the occasional bump, scratch, or bruise while at daycare. There are many other children, physical activities, and plenty of opportunities for accidents in a childcare center. It is not normal, however, for a child to sustain serious injury while in a childcare center.
Injuries such as burns, broken bones, or head and brain injuries can sometimes raise questions about possible negligence or inadequate supervision. Concerns may arise if staff fail to provide adequate supervision or do not follow established safety standards. If you suspect negligence in your child’s daycare injury, consider discussing your concerns with a skilled California daycare injury lawyer.
Daycare Center Liability
When you enroll your child in a daycare center, you may be asked to sign a liability waiver. This waiver might state that the facility is not legally responsible for injuries your child sustains while on the property. While such waivers can limit a daycare’s liability in some situations, they are not absolute. A waiver cannot shield the center from accountability for negligence, gross negligence, or intentional misconduct. In other words, even if a waiver is signed, the daycare may still be held responsible if it fails to provide reasonable care or if its actions cause harm.
Signing a liability waiver does not mean you have no options. Daycares can still be responsible in situations such as:
If your child sustained an injury because a staff member was not watching them properly, you may have a claim based on negligence. This might be the case if another child injured your child, your child fell from somewhere they were not supposed to be, or your child ran out into the road unattended.
The owner of the daycare center, or its property manager, must keep the premises safe for children at all times. This includes repairing broken play equipment, child-proofing the building, covering swimming pools, maintaining sanitary surfaces, and removing any hazardous objects or trip and fall obstacles. If the daycare fails to maintain a safe property and a child is injured, the case may fall under premises liability.
If the daycare center commits an unlawful act, such as failing to have the proper supervisor-to-child ratio at all times, you have grounds to sue for your child’s subsequent injuries. In California, negligence per se may apply when a person or facility violates a law or regulation designed to protect children from harm. Parents may suspect an unlawful act if, for example, staff provide inconsistent explanations about how an injury occurred.
Daycares have a duty to provide a reasonably safe environment and to follow established health and safety standards. While not every injury is the basis for legal action, some may involve negligence or unlawful conduct. If you have concerns about how your child was injured while in daycare, speaking with an attorney can help you understand your legal options.
Settlement in a premises liability case involving a fall due to a defectively placed aquarium within a classroom; the client suffered laceration injuries.– Judd Ross Allen
Stand Up for Your Child’s Rights
Depending on the nature of a daycare injury, your child may experience significant pain and lasting effects. For example, a concussion can cause temporary cognitive problems and changes in behavior. A broken bone may affect mobility and physical development, while a burn can sometimes result in permanent scarring.
Negligence or failure to follow safety requirements at a daycare center may increase the risk of harm to children. While no parent wants to imagine such harm, it is important to understand your options if an injury occurs. Speaking with an attorney can help you learn more about potential legal remedies and the next steps to take.
Our legal team also represents families in other personal injury matters, including our car accident lawyers who handle serious roadway collision claims. If you have questions or concerns about your child’s daycare injury, you can reach us at (888) 488-1391 for a free initial consultation.
