A child getting injured at day care is a common occurrence. Many parents wonder, when is a child injury a simple accident, and when should they call a lawyer? If you think you have a possible lawsuit against a day care, there are many variables that can affect your case. You could have a variety of possible defendants, including the person who caused the injury to your child, the staff member who were in charge of supervising your child, and the owners of the day care facility. However, not all injury cases warrant a lawsuit. Read on to figure on whether or not you have grounds for a lawsuit.
If your child was injured as result of an accident, you may be able to prove negligence against the various individuals in charge of watching your child at the daycare facility. The people responsible for supervising your child owe your children a duty of care. When someone violates that duty of care by acting under a reasonable standard of behavior, and that violation causes an injury, they are guilty of negligence.
The supervisors at your child’s day care owe a duty of reasonable care to your child while your child is in their care, Any violation of this duty that causes injury could be grounds for a negligence lawsuit.
A violation can include:
- Failing to maintain a safe premises
- Failing to supervise the children properly
- Violating a statute, such as by committing a crime
It is important to note that if the injury was caused by another child, negligence might be more difficult to prove. Negligence is usually harder to prove against a child than against an adult. Still, a child can still be held responsible for negligent acts, if it can be proven that the child failed to act to the standard that a “reasonable child” would have acted.
In addition to any potential criminal charges, you could have grounds for a civil lawsuit. You can file a civil lawsuit if your child’s injuries were a result of intentional conduct, or an “intentional tort.” An intentional tort, unlike negligence, is when an injury is caused by an intentional act. A common example of an intentional tort is assault and battery.
If your child is not physically injured, you may still be able to recover damages if your child suffered significant emotional distress. You could recover damages for your child’s emotional distress if the defendant’s conduct was extreme or outrageous, and the emotional distress was severe.
If you aren’t sure if your child’s day care injury warrants a lawsuit, seek counsel from an experience personal injury lawyer. You will want to ensure that you hold all the possible defendant’s responsible. In addition to the supervisors at the day care, you may also be able to hold the day care owners or property owners responsible because of premises liability. Personal injury cases can be very complex. Always get help from an experienced lawyer if you want compensation for you child’s injury.