Horton & Mendez, Injury & Car Accident Attorneys, is a Jacksonville daycare injury lawyer. We represent families whose children have been hurt while in supervised care, including licensed and large family childcare homes, daycare centers, preschools, and camps for young children. If your child has been hurt while in supervised care, you may claim monetary compensation for your child. We invite you to contact us to talk to a daycare injury lawyer in Jacksonville, NC, to see what’s involved in bringing a claim and what your case may be worth..
Common Injuries That Occur at Daycares in Jacksonville
Examples of injuries that occur at daycares in Jacksonville, NC, include the following:
- Falling from an elevated surface or tripping and falling
- Striking a hard surface
- Choking, allergic reactions
- Poisoning, exposure to toxic chemicals
- Scalding accidents
- Blunt force trauma
- Drowning, including in pools, ponds, bathtubs, and play areas
- Falls or other injuries from faulty playground equipment
- Burns, electric shock
- Spread of infection
- Medication errors and interactions
- Assault, shaken baby, sexual assault
North Carolina requires daycare centers to report when a child in daycare receives medical attention because of an incident.
When a Daycare Can Be Held Legally Responsible
Daycares have a duty to care for children properly. This isn’t just a moral duty. In Jacksonville, NC, it’s a legal duty. Since daycare facilities are in the child safety business, this legal standard is high.
Daycare legal liability can be summed up with a word: reasonable. A daycare must do what’s reasonable for the welfare of children. Their legal duty includes:
- Safe environment
- Supervision of children
- Attention to the child’s needs
- Responding to dangers and incidents
The question of daycare legal responsibility is whether the daycare did what was reasonable to prevent accidents and injuries. Liability can be based on an unsafe condition or on the actions of the workers.
Legal liability for a daycare accident can be based on negligent actions or a lack of action. In daycare accident claims, it’s common for the fault to be based on inaction, such as failing to keep the area safe from hazards.
Legal responsibility is determined on a case-by-case basis and depends on the situation, what happened, and the underlying causes. As daycare injury lawyers, we investigate what happened and how you may receive compensation for your child.
Examples of daycare negligence and legal responsibility
A daycare may have legal responsibility for a daycare injury for many reasons, including the following:
- Hiring unqualified daycare workers or retaining workers on staff when there are signs that a worker is unsafe
- Inadequate training for workers, and not hiring enough workers
- Not having safety latches on cabinets and doors
- Failing to follow Infant/Toddler Safe Sleep and SIDS Risk Reduction in Child Care training
- Not assessing the area for safety dangers, not addressing sharp corners, or things that may cause a child to trip
- Inadequate barriers to protect access to stairs
- Improper storage of medications and chemicals
- Giving children food they are allergic to
- Allowing a child to stand on a counter or table without a barrier
- Not responding adequately to previous incidents and problems
- Lack of barriers to bodies of water
- Poor sanitation, poor hygiene practices
- Workers not knowing how to report concerns or problems
- Record-keeping practices that fail to adequately track child needs
The questions for determining liability are why the accident occurred and whether the daycare was reasonable in its actions to avoid danger.
State Licensing Requirements and Safety Standards
In Jacksonville and throughout North Carolina, daycare facilities are licensed, and this licensing comes with requirements and safety standards. The Division of Child Development and Early Education (DCDEE) is the North Carolina agency that regulates daycare in the state.
The specific standards depend on the type of daycare operated. Safety topics include staff qualifications and background checks, safe building and playground practices, sanitation, space minimums, child-staff ratios, safe discipline practices, screen time limitations, and record keeping. Daycares are subject to inspection and must maintain an adequate compliance history.
As daycare injury lawyers, our team can investigate whether violations of safety standards occurred.
How Negligent Supervision Leads to Injuries
Supervision is an important part of safe daycare practices. Inadequate supervision can result in failing to recognize when a child is in danger. It may mean not having enough staff, poorly trained staff, or workers who are not paying attention. The amount of supervision must be appropriate for the age and mobility of the child.
A claim for daycare injury may be based on negligent supervision. Proving the case may involve interviewing witnesses, gathering care logs, and documenting the accident scene.
What To Do If Your Child Is Injured at Daycare
If your child is hurt at a daycare, ensure immediate medical attention. A young child can’t verbalize injuries, and harm may be more serious than you realize. Document the incident by taking photos of injuries and the area at the facility where the injury occurred. Write down the date, time, and location of the incident. Write down the names of workers or others who may have been present. Don’t assume that you’ll remember later.
Ask the daycare for a detailed explanation of what happened. Ask them who was working and who was in charge. Keep torn clothing and any other objects that may be related to the accident. Document any communication with the daycare regarding the injury, including what actions workers took after the accident.
Filing a Claim Against a Daycare Facility in NC
North Carolina allows claims on behalf of children when they are hurt because of negligence at a daycare facility.
A claim names the responsible party and states a demand for compensation. Our daycare accident lawyers file compensation claims on behalf of families.
Contact an Experienced Jacksonville Daycare Injury Lawyer
If your child has been hurt in a childcare facility, we invite you to contact Horton & Mendez, Injury & Car Accident Attorneys to discuss your case with an experienced Jacksonville daycare injury lawyer.
