Hundreds of parents in the Bay Area rely on local daycare centers to watch and protect their children while they make a living. Parents sign liability waivers before their children can attend the daycare center, often stating that the center will not be liable for child injuries. Do not think that this bars you from filing a claim against the center in the event of a daycare injury. This is not the case. Learn more with help from the experienced daycare injury lawyers at Henshaw & Henry, PC.
As a parent, it is reasonable to want to demand justice for harm your child has suffered. Not every daycare injury, however, will give you the right to bring a claim against the facility. There must be proof that the daycare center was negligent in some way that resulted in your child’s injuries. Bumps and bruises here and there might not be anything to worry about, but some daycare injuries should raise a red flag. The following types of injuries deserve further investigation:
It is rare, but there have been cases of daycare staff members intentionally harming or abusing children in their care. Unexplained injuries, injuries that don’t match the daycare center’s explanation, suspicious injuries (e.g., hand-shaped bruising or dislocated arms), or injuries that don’t make sense for your child (such as broken bones in a child who can’t walk) are all red flags for potential child abuse at a daycare center. If you suspect abuse, call 911 and report your suspicions. Then, call a lawyer.
After a daycare injury, seek medical care for your child right away. Document everything you can from the accident, such as the names of staff members that watched your child that day, what the center told you over the phone, whether they filed an incident report, and any photos of the scene of the accident. Keep copies of your child’s medical records, prognosis, and treatment schedule. Take photos of your child’s injuries. Once your child is on his or her way to recovery, contact Henshaw & Henry, PC.
Parents may be able to take a daycare to court in San Jose, if there is proof that the center or one of its employees breached a duty of care. Duties of care can depend on the circumstances, but generally include maintaining a safe premises, supervising children, and preventing harm to them. A liability waiver may protect the daycare from accidental injuries, but not those that stem from negligence, recklessness, or intent to harm. Proving that this is the case may require witness interviews, a case investigation, and accessing video footage of the incident.
In one conversation with you, an attorney at Henshaw & Henry, PC can tell you whether or not he/she believes your child’s injuries resulted from negligence. It is our job to identify signs of negligence and child abuse and to help parents take action against the perpetrators. Pursuing a claim could not only result in payment for you and your child’s damages – it can also help prevent similar incidents from happening to other children in the future. Call (408) 533-1075 today.