You dropped a healthy, happy toddler off at daycare and picked up a child crying in pain. But just because the injury clearly happened while he was in daycare doesn’t mean the daycare center will be held liable for his pain and suffering. For that to happen, you will have to prove negligence and causation.
How to Prove Daycare Negligence
Whether you are informed of an injury by the daycare center, or you discover it on your own at home later, your first step should be a visit to the doctor. Having the injury assessed and treated is important, not only for your child’s health and healing, but for an injury claim you may later make. Medical records documenting the timing and seriousness of the injury will play a fundamental role in any future settlement. Also, a record of all treatment expenses will be vital to obtaining a fair settlement on behalf of your child.
The fact of the injury, however, will not be enough to sue for compensation. After all, accidents do happen and it may be no one’s fault. To hold the daycare center and childcare providers liable, you will have to show the following:
- The daycare center breached its duty of care. You will have to show that an employee failed to exercise due care to prevent a foreseeable injury. This means that the circumstances leading to the injury were ones that a reasonable daycare center should have prevented. For example, it is foreseeable that a young child could fall off a play structure; therefore, if a child is unsupervised on a jungle gym and he falls off and breaks his arm, the daycare center may have breached its duty of care.
- This breach of duty caused the child’s injury. As well as proving that the daycare center acted negligently, you must also show that the negligence was the cause of the child’s injury. The court will ask whether there were any intervening forces or events that contributed to your child's injury. If there were none and the injury was a direct result of an employee’s negligence, the daycare center may be found liable.
Don’t Settle for Less Than You Deserve
Daycare centers are required to carry liability insurance. This coverage protects them when children are injured in their care, and they may make a settlement offer at the time of the injury. However, it is important that you work with a daycare injury attorney to reach a settlement that is fair and adequately compensates your child for his medical care and pain and suffering. The Button Law Firm has the experience needed to negotiate a fair settlement in a daycare injury case. Call today about your DFW, Houston or Midland case to schedule a free consultation.