Millions of children attend daycare centers each day. Parents trust that their kids will be well cared for and protected from undue harm. A great majority of the time, that’s the case, but when a child is injured by daycare negligence, daycares should be held accountable.
How Can a Daycare be Negligent?
Daycare negligence can run the gamut from loose staircase handrails, unsteady bookshelves, and unsafe playground equipment, to lack of supervision, improper screening of employees, and abuse, among other forms.
Parents are frequently asked to sign a waiver of liability. The waiver informs parents that parents assume all the risk of injury or harm to their child while the child is at the daycare, essentially absolving the daycare of any liability. Rest assured that this provision, in nearly every circumstance, has no legal standing.
Injured children (via their parents) maintain the right to file injury claims. Daycare centers know this but continue the charade to hopefully dissuade unwary parents from filing them.
A personal injury claim must demonstrate the following:
- The daycare had a duty of care to protect the child from harm.
- The daycare breached its duty of care. The courts apply the “prudent daycare center” principle: What would a prudent daycare provider do under similar circumstances? If the injured child’s daycare falls short, they likely acted negligently.
- The breach was the direct cause of the injury; no outside factor was culpable (e.g., a newly purchased chair that most daycares use was defective, collapsed, and caused a harmful fall—the daycare would likely not be liable).
- The injury must have been foreseeable by the daycare.
Some accidents can’t be prevented; others can. If daycare negligence injures your child, contact a personal injury attorney to protect their rights.
Contact an Alaska Personal Injury Lawyer
If your child has been injured while at daycare, an experienced personal injury attorney can provide guidance on on how to pursue your claim and analyze ALL the potential damages, which may be considerably hire than initially thought. Alaska attorney Ben Crittenden can help you get the compensation you deserve. Sign up for his free newsletter where Alaska personal injury victims can learn their options.