Can a Daycare Center be Sued for a Child’s Injury?

If your child is injured while under the care of a daycare center, you probably have a lot of questions. How did it happen? Who was watching him? Was the proper procedure taken to handle the situation? Was someone negligent in caring for your child? Do you have a lawsuit?

Daycares Have a Duty to Protect Children

Daycares exist primarily to supervise children, with injury prevention being an obvious part of that job. Small children require constant attention to ensure they do not get hurt. As such, daycare centers have a duty to exercise reasonable care to supervise children. If the daycare workers were negligent in caring for your child, resulting in an injury, you might have a personal injury case. However, you would need to prove the following:

  1. The daycare had a duty to protect your child from undue harm
  2. The daycare violated their duty
  3. An injury occurred as a result of the negligence
  4. The injury was foreseeable

What is Negligence at a Daycare Center?

What counts as negligence at a daycare? That can vary depending on factors such as the child’s age, developmental level and special needs. If a daycare worker leaves cleaning supplies in an unlocked container and a young child ingests them, that could certainly qualify as negligence. Or if another child injures your child, the daycare could be found negligent if they had prior knowledge of the other child’s harmful behavior and failed to provide adequate supervision. In most cases, you will need to prove that the injury your child suffered was foreseeable by a child care provider. You will also need to show that the daycare violated its duty to protect your child. Be sure to contact a personal injury attorney as soon as possible to have your case evaluated. 

“Daycare centers have a responsibility to protect the children in their care from undue harm. If a daycare has breached this duty, they should be held accountable,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.

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