Working parents whose children are at daycare trust that caregivers will keep their children safe, but children are injured at daycare every day in this country. Sometimes injuries occur because of daycare negligence.
If your child has experienced a pool accident while under the supervision of a daycare provider, a daycare injury lawyer can help you receive compensation for your child’s injuries. Taking legal action can also help to prevent a repeat of a similar instance by the daycare supervisor or facility.
Types of Pool Accidents at Daycare
Swimming accidents are one of the leading causes of death in children ages one to five. In addition to drowning, these are some of the more common types of accidents that can happen in or around the pool:
- Head injuries, including concussions or traumatic brain injury
- Broken bones
- Back and neck injuries
- Spinal cord injuries
- Paraplegia and quadriplegia
Falls around swimming pools are common because of the slick surfaces surround the pool. Defective ladders or faulty diving boards can contribute to head or spinal cord injuries, broken bones, and other serious injuries. Uncovered drains and filters can also be hazardous for young children.
Pool operators, including daycares, must follow a variety of safety codes to ensure their charges stay safe. Daycare workers should also be certified in CPR as well as basic water rescue skills in case accidents happen.
How Daycares Can Prevent Swimming Pool Accidents
Children are at the highest risk of drowning when they are left unsupervised. The American Academy of Pediatrics (AAP) recommends that layers of protection be present to help prevent accidents or drowning. This includes the use of barriers to keep kids safe, even if there is a brief lapse of supervision. Fences that are at least 4 feet high should surround all four sides of a swimming pool. The slats of the fence should be close enough together so that a child cannot slip through. Fence latches should be at least 54 inches from the ground.
Safety gates, door locks, or doorknob covers should be used to ensure children are not able to slip outside unnoticed. The AAP also recommends touch supervision in or near the water, with caregivers staying within an arm’s length of a child. Caregivers should never leave children alone near a swimming pool—not even for a second.
If kiddie pools are used at the daycare center, these should be emptied after each use.
Taking Legal Action
Gathering evidence in the aftermath of a pool accident will be crucial in proving your case. This includes the following:
- Copies of any paperwork you had previously filled out with the daycare provider
- Medical records, including receipts for treatment
- Surveillance video if the area was monitored with a security camera
- Photographs of the scene of the accident
- Photographs of any visible injuries to your child
- Photographs that document the healing process after the accident
It’s a good idea to hire a daycare injury lawyer as soon as possible after the accident. Proving that a daycare provider is negligent in the injury of your child can be a long and arduous process. Having a lawyer on your side can greatly increase your chances of having a successful claim and recovering fair damages. You may be entitled to compensation for the following:
- Medical expenses
- Lost income while you were caring for your injured child
- Pain and suffering
- Disfigurement that may have occurred because of the injury
- Additional out-of-pocket expenses
- Future expenses related to your child’s permanent disability
- Wrongful death damages if your child passed away
Contact The Button Law Firm
If you believe your child’s pool accident happened because of negligence on the part of the daycare, we invite you to contact us. The Button Law Firm may be able to help you win a personal injury or wrongful death case in civil court. Contact us today so we can review your case.