Injuries are inevitable in young children. They can occur due to being physically active, falling off playground equipment, or playing with other children. But while many incidents that occur at daycare centers are simply accidents, some are caused by negligence. If your child was injured at daycare due to negligent supervision, it’s important to know the steps you should take — and the compensation that may be available by filing a personal injury lawsuit.

When Can a Daycare Be Held Liable for Negligence?

Daycare centers are legally obligated to provide your child with reasonable care. While falls, scrapes, skinned knees, and cuts are common injuries that a child can sustain at daycare, other injuries can be caused by a daycare provider’s actions or inactions. Common situations where a daycare may be held liable for negligence in connection with a child’s injuries can include the following:

• Inadequate supervision
• Improper training of staff
• Hiring unqualified employees
• Unsafe or defective equipment
• Neglect of food, water, or hygiene
• Failure to follow proper safety procedures
• Hazardous premises

Significantly, daycares are held to a high standard of care, which includes keeping children safe and providing them with a secure environment. If a daycare provider’s actions or inaction caused your child’s injuries, you may be entitled to file a personal injury lawsuit to recover the damages incurred. For instance, if the injury happened because the daycare provider failed to properly supervise your child or comply with the acceptable standard of care, they may be held liable for negligence.

Steps to Take if Your Child is Injured at Daycare

It can be alarming for your child to return home from daycare with an injury. If you suspect the daycare’s negligence caused them to suffer harm, it’s essential to know the next steps to take. Specifically, if your child is injured at daycare, you should:

• Seek medical attention — The most important thing you can do if your child was injured at daycare is seek medical attention promptly. Some injuries, such as concussions, may not be immediately apparent. By getting your child the medical care they need, you are not only protecting their health, but you are building a strong legal claim.
• Document the injury — Record the date, time, and location that the injury occurred, along with a detailed description. You should also take photos of the injury, document the names of any witnesses, and note whether first aid was provided at the daycare center.
• Contact the daycare center — It’s crucial to report the injury to the daycare staff immediately and obtain a copy of any incident report that was filed.
• Collect evidence — Keep any evidence in the case, such as torn clothing, damaged toys, medical records, visual evidence, and other documentation that can demonstrate the harm your child suffered.
• Consult with an attorney — It’s best to consult with a personal injury attorney as soon as possible after a daycare injury. They can advise you regarding the course of action to take in your child’s specific case, assist you with obtaining the evidence you need to prove your claim, and work to obtain the maximum compensation available in your case.

If your child is injured at daycare, you may be entitled to hold the responsible parties accountable by filing a personal injury claim on your child’s behalf. Depending on the facts of the case, potentially liable parties can include the daycare facility itself, individual staff members, or third-party contractors.

Monetary Damages for Your Child’s Injuries

If your child was injured at daycare, you may have incurred a substantial amount of damages. Importantly, negligence, carelessness, recklessness, and intentional harm are all grounds under which you can bring a lawsuit to recover monetary compensation in a personal injury lawsuit. A daycare negligence settlement or verdict can include compensation for a broad scope of economic and non-economic damages, including the following:

• Unreimbursed medical bills
• The costs required for the child’s long-term care
• Future medical costs
• The costs of medical equipment
• Physical therapy expenses
• Lost wages for the parents
• The child’s pain and suffering
• The child’s loss of enjoyment of life

The extent and seriousness of the injury will impact the amount of the settlement. More severe injuries, such as traumatic brain injury, disfigurement, or paralysis will typically result in higher compensation than a minor laceration. The long-term consequences of the injury and a child’s potential for complications or developmental delays will also be taken into account when determining compensation for a daycare injury.

Contact an Experienced Alaska Personal Injury Attorney

Daycare negligence matters can be complex. If your child was injured at daycare due to the provider’s negligence, carelessness, or recklessness, it’s important to have a knowledgeable personal injury attorney by your side who can help you navigate the process of filing a lawsuit.

Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, is dedicated to representing clients for a broad scope of personal injury matters, including those involving daycare negligence. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.