Is Abuse a Common Concern at North Carolina Daycare Facilities?
About one in every four children under age five is enrolled in some form of organized and licensed childcare, such as attending a daycare center, nursery, or preschool. In one recent year, there were over 2,000 reports of child abuse or child neglect at daycare centers that were later substantiated. Of these substantiated reports of child abuse and neglect committed by childcare providers, more than 20% of which involved sexual abuse.
One study, which looked at 1,362 minor children’s fatalities, discovered that approximately 75% of those fatalities occurred in home-based daycares. Worryingly, more than ten states across the nation do not require licensed childcare facilities or home-based daycares to report the deaths of children under their care.
We try not to think about it, but child neglect and abuse are absolutely a concern that parents should have before sending their kids off to childcare. It is necessary that parents do their due diligence by researching everyday care centers or nurseries before sending their minor children to those facilities. However, even with proper preparation and research, accidents and incidents still happen. If your child has been injured at a daycare center or preschool, you must seek professional legal representation to file a personal injury claim against the at-fault party.
What is Negligent Supervision?
Daycare centers and at-home childcare businesses are legally responsible for keeping the children under their care safe and sound. When a childcare provider fails in their duty to perform necessary safety measures for the sake of the children under their care, they may be held legally responsible under North Carolina law.
What constitutes negligence and negligent supervision varies depending on several different circumstances.
When considering what constitutes reasonable supervision of a child, the law must consider the child’s age, maturity, experience, nature of activities, and other factors relevant to the case.
Daycare providers are expected to protect the children under their care from fellow children, adults, and facility staff. They are also expected to prevent the children from inadvertently hurting themselves or intentionally injuring themselves, such as by removing them from unsafe situations or environments.
What Are Common Injuries and Accidents at Child Care
Common accidents that frequently lead to personal injuries for children at daycare centers include the following:
- Child abuse and forms of violence or assault
- Choking accidents due to swallowing small objects or toys
- Defective products and product liability cases
- Exposure to toxic or hazardous chemicals
- Playground accidents, including those involving dangerous playground equipment
- Sexual abuse
- Slip and fall accidents
- Swimming pool accidents
Common child injuries that may occur at daycare centers include:
- Amputations
- Broken bones
- Burns
- Dental injuries
- Electrocutions
- Facial disfigurement
- Head trauma and brain damage
- Nerve damage
- Organ damage and internal bleeding
- Soft tissue injuries, such as sprains, strains, lacerations
- Spinal cord injuries
- Toxic exposure
- Traumatic brain injuries
- Wrongful death
What Should You Do if Your Child Was Injured at Daycare in North Carolina?
After an injury that occurred at a daycare center, there are certain steps that you must take to preserve your personal injury case and safeguard your child’s life and limb.
Firstly, you must seek immediate medical attention for your minor child who was injured. Once you receive notification of any injuries or discover the injuries yourself, take your child to receive medical treatment from professionals.
If the daycare center withholds important information about the injury your child sustained, you should document the child’s injury to the best of your abilities. Seek documentation from the childcare facility and information about the accident that led to the injury. If the daycare center fails to provide an adequate report, you should seek information from other sources, such as police reports, medical records, statements from your injured child, and reports from paramedics.
Finally, it is time to contact a personal injury lawyer with experience representing daycare injury cases. Lawyers can help you throughout the legal process of filing your personal injury lawsuit in pursuit of maximum compensation for your child’s injuries. We have extensive experience representing clients and complicated personal injury cases, and we would be proud to represent your interest in pursuing financial recovery.
What Are Your Legal Rights as a Parent After a Daycare Injury?
As the parent or legal guardian of an injured child, you may be entitled to file a lawsuit against a daycare center for your minor child’s injuries. It is worth noting, however, that many daycare centers and in-home businesses require that parents sign a no-liability clause in the initial contracts. These liability waivers give the illusion that daycare centers cannot be sued for injuries while the child is under their care. But this is not always the case.
Whether you can file a personal injury suit on behalf of your child depends on several factors related to your unique case. To file a claim against the daycare center, it is important to understand your rights and your case’s limitations. Contact our legal team for assistance.
What is a Legal ‘Duty of Care’ and Why is it Important to Your Case?
North Carolina daycare centers and schools have a legal duty of care to ensure the safety and well-being of the children under their care. When an accident occurs due to negligence, inadequate supervision, or outright maliciousness, the daycare center employees may be liable for damages.
It is possible to hold at-fault parties accountable for their actions or inactions, such as maintaining safe premises, improper or inadequate supervision of minor children, commission of crimes, or other violations of North Carolina law.
Who May Be Held Liable for Your Child’s Daycare Injuries?
Depending on the unique factors of your case, multiple parties may be held liable for damages. The most common defendants in a daycare injury lawsuit are the daycare center or business itself, the personnel employed by the daycare facility, and third parties such as the manufacturers of defective products.
How to File a Claim?
A minor does not have the legal right to file a personal injury claim. Rather, the claim must be filed by an adult, usually the child’s parents or legal guardians.
The process for filing a personal injury claim for negligence or child abuse involves investigating the underlying facts relevant to the case first and foremost. After enough evidence has been gathered to establish that the injuries sustained by your child were the result of providers or the facility, you may proceed.
Most childcare injury cases involve presenting demands for financial compensation. This will begin negotiations for a final settlement. You should retain personal injury attorneys to represent your rights during such negotiations.
Most childcare negligence and abuse claims are resolved via an out-of-court settlement offer.
Can You Recover Compensation for a Personal Injury?
With a successful case, it is possible to recover financial compensation for monetary damages and losses related to the child’s personal injury case.
These include:
- Emotional distress and mental anguish of your child
- Long-term care treatment costs
- Lost wages from taking time off to care for your injured child
- Medications
- Mental health therapy and counseling
- Past medical bills and future medical expenses
- Physical pain and suffering of the injured child
- Surgical procedures
- The need for physical therapy
- Wrongful death
Schedule a Free Consultation with Our Experienced Personal Injury Lawyers Today
You are encouraged to retain professional legal counsel from experienced attorneys to represent you and your child in a personal injury case involving a negligent daycare center. These cases can be complex, especially with North Carolina’s contributory negligence laws and the liability waivers many daycare centers require parents to sign.
Our law firm has extensive experience representing North Carolina clients in complex personal injury matters, including those involving injured children. To learn more about our legal services, please contact our law office to schedule your free initial consultation today. 919-277-0150.
.