As parents, we perform a seemingly endless array of daily tasks to ensure our children’s safety–whether that’s babyproofing a home, requiring our kids to use a bicycle helmet, or keeping them at arm’s reach at the supermarket. When our children are in our care, we know they are safe. But once a child is old enough to be enrolled in a daycare or preschool, their safety is not guaranteed.
When your child is harmed at daycare–whether they incur a small injury or a more serious abuse–the bond of trust between your family and the facility is broken. In these situations, filing an injury claim against a negligent party is often a first step toward restoring you and your child’s health and happiness. If your child has been harmed due to a daycare’s negligence, a New York daycare negligence lawyer at Buttafuoco & Associates can help.
Call us now at 1-800-NOW-HURT for a free consultation.
Common Types of Daycare and School Injuries
There is a long list of injuries that could happen at a school or a daycare, but every daycare has a duty of care to every child enrolled there. They are responsible for ensuring safety, preventing accidents when possible, and responding promptly to emergency situations.
This does not mean the facility must provide the absolute highest standard of care, but if they fail to provide the level of care a reasonably prudent person would provide in a similar situation, they could be held responsible for a child’s injuries.
Playground Accidents
Playground accidents such as slips and falls are common causes of daycare injuries, and sometimes the facility or its employees are to blame. For a facility to be considered negligent for a playground accident, they must have allowed a known hazard, such as a loose bar on a playground ladder, to cause your child’s fall.
In addition to the supervisor or facility being at fault, if a structure’s faulty design caused it to fail or result in an injury, the playground equipment manufacturer could be held accountable in what is known as a product liability case.
Choking Hazards
Choking is another common concern at daycares. If your child choked on food or a foreign object, the facility can be liable. For example, if daycare workers left a child unattended with small objects or food large enough to pose a choking hazard, they could be considered negligent.
If an employee did not respond properly to an emergency situation and a child is harmed, they could be considered negligent.
Exposure to Dangerous Substances
Exposure to dangerous substances is a very preventable situation at daycares and schools that can lead to dangerous consequences. Facilities that fail to lock up toxic chemicals or clean up hazards can be held legally responsible if a child touches or ingests a dangerous substance.
Lack of Supervision
Lack of supervision is another common cause of daycare accidents. If a child is not monitored by supervisors and wanders away from the facility and into a dangerous nearby street or parking lot, the facility or employees may be considered legally negligent.
Abuse at Daycare or School
Physical, sexual, or verbal abuse, while uncommon, do happen at daycares. When the abuser is an adult, the facility is liable for physical, mental, or emotional damage to your child.
When the abuser is another child, the liability can be difficult to determine. The facility may be liable if the staff knew about a child’s misconduct but failed to report or prevent the behavior.
Injuries Caused by Outsiders
Injuries perpetrated by an outsider, such as a stranger wandering onto the daycare premises and kidnapping or harming a child, is a serious violation of the facility’s duty of care.
All daycares should have a strict policy of keeping strangers out, and a screening process for assessing the safety of visitors.
Drowning Accidents
Drowning is a concern not only for facilities with pools, but also facility-sanctioned field trips. If a drowning takes place on the facility’s premises, they or their staff can be held liable.
If the drowning happens at a public pool or water park, liability might also lie with the pool and its staff.
Unsafe Facility Conditions
Unsafe facility conditions such as hazardous cribs and cots, illness-causing mold growth on walls and in air vents, or contaminated food can all cause serious accidents.
If the facility knew about these conditions and failed to manage them, parents can hold the facility liable for any injuries or illness to their child.
If you are unsure whether you have a case after a daycare accident, a daycare negligence attorney in New York can advise you of your rights based on local laws.
A Parent’s Right to Seek Damages
Parents or guardians of injured children have the right to seek compensation on behalf of their child. In some cases, serious or fatal injuries cause long-term consequences for a child or their family. In this case, parents could seek special damages beyond medical expenses.
A serious injury to a child or loss of a child’s life may entitle the family to:
- Parents’ lost income
- Emotional damages
- Funeral expenses, in the case of wrongful death
- Long-term care costs
- Loss of enjoyment of life
- Lost earning capacity
These expenses can accumulate quickly, and working with an attorney can often help you recover damages sooner rather than later.
When to Consult a New York Daycare Negligence Attorney
The legalities of an injury claim against a daycare or a school can be challenging to navigate, and many cases benefit from the help of a New York personal injury lawyer.
Buttafuoco & Associates strives to help New York families recover from tragedy and return to their lives after a daycare injury to their child.
If you believe your child was injured due to daycare negligence, contact us at 1-800-NOW-HURT to schedule a free case review.