Child Injured at Day Care: Should You Call a Lawyer?

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By Daniel Taylor, Esq. on October 23, 2014 9:42 AM

Although you may have done your research when selecting a day care facility, there is always the possibility that your child may be injured at day care. If that happens, should you call a lawyer?

In a potential lawsuit against a day care, there could be many possible defendants, including the person who caused the injury to your child, the staff members who were responsible for supervising your child, and the owners of the day care facility, among others.

But not all injuries make for successful injury lawsuits. If your child is injured, when should you call a personal injury lawyer? Here are a few things to consider:

Negligence Lawsuits

When a child's injuries are the result of an accident, you may be able to prove negligence against any individuals who owed a duty of care to your child at the time he or she was injured. Negligence occurs when a person who owed a duty of care to another breaches that duty by acting below a reasonable standard of behavior in a given situation, causing injury.

When you leave your child at day care, the staff and owners of day care will owe a duty of reasonable care to your child while he or she is in their care. Any violations of this duty that cause injury may be grounds for a negligence lawsuit. These violations may include:

  • Failing to supervise children properly;
  • Maintaining unsafe premises; or
  • Violating a statute, such as by committing a crime.

If the child's injury was caused by another child, however, negligence may be more difficult to prove than as against an adult. Still, children may still be liable for their negligent acts if it can be shown that the child failed to act as a "reasonable child" would have acted.

Intentional Torts

If your child's injuries were the result of intentional conduct, such as an assault or battery, a civil lawsuit may be an option. This is in addition to any potential criminal charges that may be brought.

Even in the absence of physical injuries, emotional distress may be sufficient for a damages award in cases where the defendant's conduct was extreme or outrageous and the emotional distress was severe.

Not sure if you have a case? An experienced personal injury lawyer can help you figure out the best way to proceed with your injury claim and get you the compensation your child deserves. To learn more about injury lawsuits, head over to FindLaw's section on Torts and Personal Injuries.

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