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Daycare Liability: What is a Provider Liable for If My Child is Injured?

by John Gomez | Last Updated: April 29, 2016

Injured in an accident? Get a real trial lawyer. Get Gomez.

Childhood injuries can be devastating. When parents need someone to care for their children, they trust daycare facilities to supervise, watch over, and protect them – taking measures to ensure their safety. Sadly, many daycare facilities are negligent in these procedures and the results can be permanently damaging.

Does a Waiver Protect Daycare From Liability?

Daycare facilities make parents sign a liability waiver before taking on their children. These waivers will have some type of indemnity clause stating that if the child sustains an injury on their property, the provider is not liable. Many parents whose children are hurt while at a daycare facility believe the waiver protects daycare providers from responsibility. This is not the case.

The courts have always held that these waivers will not hold up in a personal injury trial, because it is unreasonable for facilities to be able to evade responsibility completely. If this were possible, daycare facilities would have no reason to avoid negligence and no repercussions in the event of child injury.

Most daycare centers know that the indemnity clauses in their waivers are worthless, but they are included as a bluff to dissuade parents from taking them to court should their child sustain an injury.

What to Do after an Injury at Daycare

If your child has sustained an injury – or worse, death – while at a daycare facility, you may have a legal right to compensation. To make a claim against a daycare facility, you must be able to prove negligence on their part.

Proving negligence comes in a variety of forms, from lack of proper supervision to an understaffed facility. The first step is to prove the daycare had a duty to protect your child – proof of payment generally provides evidence of this duty. Next, you must prove the daycare breached this duty through some form of misconduct or negligence. The most common cases of daycare negligence involve an understaffed facility at the time of the incident.

To pursue litigation, your child must have sustained an injury, and the injury must have been reasonably foreseeable by the provider. You must prove the nature and value of your child’s damages. This step can be tricky, as it’s impossible to quantify the extent of pain and suffering, emotional damage, and future state of your child’s wellbeing. In a court of law, these four stipulations will lead to a solid case against a daycare facility for negligence.

If your child shows signs of abuse, such as finger-shaped bruises or other indications, call police immediately to conduct an investigation. They should have security footage available to prove injury due to abuse. In these situations, compensation will be different from typical injury cases.

Child Abuse and Neglect Attorneys Are Here to Help

Injured in an accident? Get a real trial lawyer. Get Gomez.

Child abuse or neglect in daycare is something no family should suffer through alone. At Gomez Trial Attorneys, we genuinely hope we never see you for a case of child injury. Sadly, however, it does happen. In the event that your child is hurt or worse while in daycare, don’t hesitate to reach out to the compassionate team of California Children’s Rights lawyers here at Gomez Trial Attorneys.

Our children’s rights lawyers have won virtually every award in the business, and they are determined to help those in need of our assistance. We take cases on a contingency basis, meaning we don’t get a dime if you don’t win. Our firm takes child abuse and neglect cases extremely seriously. Contact us to get in touch with a team of passionate representatives today.





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