If your child has been hurt at a Gastonia daycare, your child may qualify to receive compensation. Horton & Mendez, Injury & Car Accident Attorneys, is a firm of Gastonia daycare injury lawyers and can help you claim compensation for your child.
Call 910-405-7751 to talk to an experienced Gastonia daycare accident lawyer and get help today.
Daycare Injuries—A Significant Problem
Due to inconsistencies in state reporting requirements, it is hard to pinpoint the exact rate of child injuries in daycare settings. One study in the Journal of Child Health Care reports 11.3 to 18 injuries per 100 children per year in daycare settings.
Even one injury to a child is too many. An injured child may face physical and mental challenges for years to come or a lifetime.
In Gastonia, NC, an injured child may seek compensation if they’re hurt at a daycare. Daycares have high standards for safe operation. Dangerous conditions, unqualified staff, and poor supervision are some of the legal grounds for a claim.
Common Injuries That Occur at Daycares in Gastonia
Causes of injury at Gastonia daycares include:
- Falling from an elevated surface
- Choking
- Poisoning, exposure to toxic substances
- Burning, scalding, exposure to flame or steam
- Falling objects, crushing accidents
- Access to knives, guns, weapons, and other harmful objects
- Blunt force trauma, struck by a heavy object
- Shaken baby, assault, intentional harm, sexual assault
- Unsanitary conditions, spread of infection
- Playground accidents
- Drowning, including baths, pools, water play areas, and ponds
- Electric shock, fire
A daycare injury may result from a combination of failures. For example, a child may be left unattended while cabinets are also left unsecured, allowing access to dangerous chemicals.
Whatever the cause, if the daycare is legally responsible for the injury, your child may seek compensation.
When a Daycare Can Be Held Legally Responsible
In Gastonia, NC, daycares have a legal duty to ensure the safety of the children they care for.
The very purpose of a daycare is to care for children. The standard is high for the daycare to identify safety risks and address them to prevent harm.
Most daycare injury claims are based on negligence. Negligence means that the daycare failed to do something necessary to prevent harm to a child. Negligence can also mean doing something that creates an unreasonable risk of harm.
The daycare may be liable for failing to perform any of the following:
- Properly supervise children
- Identify and address safety risks
- Employ only qualified and attentive staff
- Follow safety standards
- Address danger when it is present
- Tending to a child’s special needs
A daycare is liable for the overall safety of its environment. When an accident occurs, investigating a claim involves determining the underlying causes. Often, in the immediate aftermath of an injury, the causes are unknown. There may also be multiple contributing factors.
When harm can be traced to negligence or more serious misconduct, the daycare may be liable to pay compensation.
State Licensing Requirements and Safety Standards
Daycares in Gastonia, NC, are heavily regulated by the State of North Carolina. To be licensed, a daycare must follow safety standards.
These standards cover a variety of topics, including:
- Staff qualifications, background checks
- Facility standards
- Ongoing training, including CPR and first aid
- Emergency planning
- Health and sanitation
- Child-staff ratios
- Operational policies
- Parent participation
- Safety of equipment and furnishings
- Firearm and ammunition prohibition
- Electrical outlets and power strips
- Storage of choking hazards
- Availability of first aid supplies
These are merely some of the rules and regulations that apply to Gastonia, NC, daycares. A starting point for investigating injury to a child is whether or not any regulations were violated. If there were violations and they resulted in harm, it may be strong evidence of negligence.
How Negligent Supervision Leads to Injuries
A daycare exists to provide supervision and care for a child, and a claim may be based on inadequate supervision. Staff must be:
- Qualified
- Background-checked
- Adequately trained
- Monitored
- Subject to retraining, discipline, and termination
- Aware of policies and required to follow them
- Present, physically and emotionally
- Aware of special needs
Negligent supervision may be the basis for a daycare injury claim. Proving negligent supervision may involve questioning workers, obtaining records from the facility, prior complaints, inspections, and other evidence.
What To Do If Your Child Is Injured at Daycare
If your child is injured at a daycare, address the child’s immediate medical needs. Call 911 or arrange for urgent medical attention.
Remember that injuries may be more serious than they initially appear.
Preserve evidence at the scene, including any tangible objects and clothing. Take photos and a panning video of the area where the injury occurred. Identify witnesses, including workers and others who may have information. Write down what you can remember. For now, don’t worry if a detail seems insignificant.
Keep records of the child’s medical care and a diary of their progress. Take photographs of the child’s injuries at the time and as they heal.
An attorney can give you specific instructions for how to document a claim. They can interview reluctant witnesses, gather records, conduct inspections, and engage experts needed for the claim.
Filing a Claim Against a Daycare Facility in NC
Filing a claim for daycare injury compensation is not the same thing as reporting a daycare facility to the NC licensing authorities. You may report the facility for violations, but the purpose of a complaint to licensing authorities is to protect children and enforce standards. It won’t result in compensation for the injured child.
For a child to receive compensation for a daycare injury, the parents or guardian must initiate a legal claim. This step is just as an adult would take when suing for personal injury, but the victim is a child.
A claim involves proving the right to compensation based on negligence or other legal fault.
Because injuries at a young age can impact the child for years to come, compensation amounts may be significant. Each claim is valued individually.
Contact an Experienced Gastonia Daycare Injury Lawyer
If your child has been injured at a Gastonia daycare, we are truly sorry. Horton & Mendez, Injury & Car Accident Attorneys, represents families in claims for children injured in daycare facilities.
Contact us to talk to an experienced Gastonia daycare injury lawyer.
