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Could Your Child’s Day Care Injury Have Been Prevented?

| Feb 6, 2018 | Premises Liability

For parents, child care can be an essential resource. Upon hearing that a child was injured at a day care facility, a parent may feel a variety of emotions, such as fear, confusion, and anger. Having placed their trust and hard-earned money into a day care center, parents expect their child to be protected. After an injury occurs, they may consider whether they have grounds for a lawsuit.

Legal Consequences and Waivers

Parents are often required to sign a waiver before enrolling their child in day care, but they do not forfeit all legal rights regarding their child’s safety. In cases where negligence or abuse is proven, a day care center should be held liable.

Safe Grounds and Environment

There are a number of standards that California child care providers must meet in order to continue operation. The child care facility must be well maintained, and precautions must be taken to avoid hazards. Pools must be fenced in or otherwise made inaccessible to children. Fire safety standards must be met by providing a smoke detector and a fire extinguisher in the child care facility. If a fire occurs, it must be reported to local authorities within 24 hours. When a child care center fails to meet basic requirements like these, they can be charged with negligence.

Child Abuse and Neglect

Children at day care centers must be supervised by an adult at all times. This supervision helps to prevent accidents caused by children and makes it easier to account for children should an emergency occur. If day care providers do not keep a close watch on children, they may later be found guilty of neglect.

Use of corporal punishment in a child care facility is against the law and constitutes abuse. This includes bodily injury, threats, coercion, and withholding food, shelter, or clothing. By law, caretakers must report suspected child abuse. If a child’s injury is found to be caused by an intentional act of abuse, the child care center can face severe penalties.

Medical or Emergency Requirements

A day care center must ensure that all children have received the necessary vaccinations before they are admitted. If there are any exemptions, this must be documented by the center. Also, if a medical emergency occurs, parents and authorities must be notified in a timely manner. If a child incurs an injury while in child care, it must be reported to a parent or guardian on the same business day.

Contact our Day Care Accident Lawyers

Child care facilities have a duty to meet basic standards and prevent accidents. If your child has received an injury while at day care, and you suspect that negligence or abuse may have been involved, contact our San Diego day care accident lawyers at 619-512-5995 today to schedule a free consultation.