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If My Child Was Injured At Daycare Can I Sue?

little girls playing at daycare
Madeleine Jones
May 14, 2021

Every day throughout Nevada, parents trust their most precious part of their lives, their children, to daycare facilities. What happens when a kid is injured at a daycare facility because of neglect, lack of supervision, or child abuse? Who is investigated? Can parents recover compensation to pay for medical expenses? Let’s go over these issues.

kid playing with playdo

Common Injuries Sustained at Daycare Facilities

Child injuries are very common in any kind of setting, they are bound to happen. In reality, the leading cause of death for children in the United States is unintentional injuries according to the CDC. Around 9.2 million children end up in the emergency room every year because of injuries. Most commonly, injuries are experienced by children between the ages of two and five. Daycare facilities have a lot of potential hazards that are not usually found in a family home. With those hazards come a number of injuries that are common to daycares, including:

Playground Injuries

Injuries like these can happen because of poorly maintained or unsafe playground equipment, trees, or even large rocks that can cause your child to trip and fall. Playgrounds are a very common setting for children to fall and have injuries.

Falling Objects

Small children are very curious by nature and their first instinct is to reach for objects they find interesting. Many children need medical treatment for injuries sustained by objects falling or being pulled off shelves. Oftentimes, the daycare facility is not supervising children properly or they improperly place heavy items at heights that can become a hazard.

Interaction With Other Children

Slaps, bites, getting pushed down. These are all activities that happen in crowded daycare facilities that can end in injuries that need medical attention.

Poisoning

There has to be a high level of care by daycare facilities to make sure that cleaning products and chemicals are kept in a locked cabinet and not accessible to children. Many kids end up in emergency rooms because of exposure to toxic chemicals and accidental poisoning.

Transportation Injuries

Car accidents are the most common cause of unintentional death in children.

Choking

The staff at a daycare center has to be properly trained on age-appropriate snacks. Small food items such as popcorn, peanuts, raw vegetables, hot dogs, or grapes can cause a small child to choke.

Drowning

There at items that can pose a drowning risk in daycare facilities such as bathtubs, buckets, swimming pools, or other containers with water.

Daycare Abuse Signs

Abuse at daycares can include serious physical injuries, but not always. A lot of the wounds can be emotional. If your kid is showing the following signs, you could have reason to suspect your child is being abused.

  • Bruises, cuts, or injuries that can’t be explained
  • Suddenly, your kid doesn’t want to go to daycare anymore
  • Clingy behavior
  • Your kid seems uncomfortable getting undressed
  • Engaging in play with other kids that is not age-appropriate
  • Mood swings and extreme changes in behavior
  • Aggressive behavior
  • Sexual behaviors or interest in knowing about sexual topics
  • Reverting to younger child behavior
  • UTIs, bleeding, or soreness in the genitals
  • Recurring nightmares

Who Is At Fault for My Kid’s Injury?

If your kid was injured while staying at daycare, it probably won’t be immediately obvious whose actions led to their injuries. Often, in daycare injury cases there is more than one defendant. This is because there are many people and entities that are responsible for your child in daycare. Some liable parties may include:

  • Staff members in charge of supervising your child and for reporting any suspected abuse
  • The operator of the daycare facility. They are responsible for following the state’s regulations, center policies, and protocols, as well as reporting abuse, hiring the staff, etc.
  • Visitors and volunteers at the daycare center

What Happens If My Child’s Daycare Facility Made Me Sign a Waiver

A lot of daycare facilities think that they can require parents of enrolled children to sign a waiver to release them from any injury liability. However, this is not the case. These waivers cannot hold up in court given that they are in the business of providing care to children and are regulated by the state.

Not only will the Department of Children and Families investigate any reported allegations of negligence or abuse, but you can still be entitled to get compensation for any damages incurred due to your child’s injury.

What’s Next?

If you think your child has been a victim of abuse at a daycare center here are some tips on what to do next:

#1 Trust Your Gut

You know your kid better than anyone. If you notice something is not right with your child, you are probably right. Get them medical attention and report any suspicions to the Department Of Children and Families.

#2 Document Any Injuries

Take notes detailing any information your child gives you. Take photos of injuries because they can be important evidence.

#3 Retain Medical Bills

Keep all copies of medical bills related to your kid’s injuries because getting compensation will need documentation of expenses related to the injury.

#4 Notify Other Parents

Sadly, abuse situations are rarely isolated. There is the possibility of other children being at risk at the daycare center. If you can, let other parents know about your child and ask them to stay alert.

#5 Contact An Attorney

Contact a personal injury attorney who has experience with daycare injury cases and get legal guidance to make an informed decision about your legal options.

We Can Help You And Your Child

Cogburn Law knows the law and will make sure your kid receives fair compensation for their injuries, pain, and suffering and gets justice. It is absolutely necessary to be able to trust that your child is properly protected and supervised while in daycare. Cogburn Law will make sure they are. Call us today at (702) 748-7777 for a free initial consultation.