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Are Child Abuse or Neglect Common Concerns at North Carolina Daycare Facilities?
Approximately 25% of all children under age five are enrolled in licensed childcare, such as attending a daycare facility, preschool, or nursery. Unfortunately, child neglect and abuse at these daycare centers are frequently reported by parents. Of the substantiated reports of child abuse or neglect committed by daycare or childcare providers, a worrying percentage involved sexual abuse of some kind. In one recent study that looked at over 1,000 fatalities of minor children, the data suggested that most of those fatalities occurred in home-based daycare.
We understandably try not to think about it, but abuse and neglect are absolutely concerns that parents should be aware of when sending their children to a childcare program. North Carolina parents must perform due diligence and research every daycare center or nursery before sending their children to those facilities for supervision. However, even with the most prepared and well-researched decisions, any child can still be injured at a daycare center due to negligence or malicious actions.
If your child suffered injuries in a daycare accident, please contact us to discuss how to file a claim and seek justice and financial recovery.
What is Considered Daycare Negligence in NC Daycare Incidents?
Daycare providers have a legal duty of care to supervise the minors under their care properly and to prevent injuries or serious accidents from occurring. Failure to fulfill this duty of care could result in the daycare provider being held negligent. A negligent party or entity could be held responsible for any injuries or other damages that result from their lack of reasonable supervision.
Childcare providers must perform necessary safety measures for the children under their care. They could be held responsible under the law if they do not. What is considered negligence or negligent supervision can vary depending on several factors. Depending on the facts of the case, the law may consider the child’s age, maturity, the nature of the activities they were hurt in, and other factors when determining negligence.
In North Carolina, daycare providers are expected to protect the children under their care from fellow children, adults near or on the premises, and facility staff who are not acting in the children’s best interests. Additionally, daycare providers are expected to prevent children from hurting themselves intentionally or otherwise, such as removing them from dangerous environments.
It is highly recommended that you seek the professional legal representation of experienced attorneys. Your personal injury lawyers will work to establish the duty of care, the breach of that duty, causation, foreseeable risks, and documented evidence of injuries or financial losses.
What Are Common Child Injuries and Accidents in Daycare?
Serious injuries can befall children at childcare centers in a multitude of ways.
Common accidents that may happen at a childcare center could include the following:
· Abuse, such as various forms of violence, assault, and neglect
· Bus and motor vehicle transportation accidents
· Choking accidents due to swallowing small objects or miniature toys
· Crushed hands or fingers in doors
· Dangerous activities for a child so young
· Defective products causing injuries in product liability cases
· Exposure to toxic materials or hazardous chemicals
· Fights and dangerous play with other children
· Playground incidents
· Severe allergic reactions
· Sexual abuse
· Slip and fall accidents and other types of premises liability accidents
· Sports accidents
· Swimming pool accidents, including near-drownings
· Unsafe or defective equipment
The above accidents, as well as some others that went unmentioned, can result in serious injuries to a child. Even a seemingly minor accident can result in catastrophic injuries.
Injuries commonly associated with daycare incidents include the following:
· Broken bones and fractures
· Burns
· Dental injuries
· Electrocution
· Facial disfigurement and scarring
· Head injuries, including traumatic brain injuries
· Internal bleeding and organ damage
· Loss of limbs and amputations
· Lost hearing or sight
· Nerve damage
· Poisoning
· Soft tissue injuries, such as strains and sprains
· Spinal cord injuries, which sometimes result in paralysis
· Wrongful death
What Are Your Legal Options if Your Child Was Injured at Daycare?
Parents and guardians should take several necessary steps after a child is injured at daycare. Firstly, seek immediate medical attention for the child’s injuries and maintain any medical records about the child’s hospital stay and ongoing treatment.
Adults should report accidents or injuries to daycare management and business owners. Management is expected to document the incident with a written report, which will be valuable evidence to your personal injury lawyers. That written report must also be submitted to the North Carolina Division of Child Development and Early Education. It may also be advisable to file a report with the state yourself.
Depending on the circumstances, you may wish to remove the child from their current daycare program if you feel that facility or staff is unsafe. Then, consult with an experienced personal injury attorney in your area. Your lawyers can help you determine your legal options and the right course of action to pursue justice and financial compensation. A highly skilled attorney will also be able to assist with negotiations with the insurance company and defend your case should you run afoul of the legal representation representing the accused.
Sometimes, a daycare center may withhold important information about the accident or injuries your child sustained. In such cases, you and your legal representatives should seek information from other sources, such as medical records, police reports, reports from paramedics, and statements from the injured children.
How to File a Personal Injury Claim on the Behalf of Your Child?
Many daycare centers and in-home businesses require parents to sign no liability waivers in the initial contracts when sending children to those facilities. These no-liability clauses give the illusion that daycare centers cannot be held legally accountable for injuries sustained by a child while that child is under their care. However, this is not always the case. Whether you can file a personal injury lawsuit on behalf of your child will depend on several different factors. You should seek professional legal counsel from an experienced lawyer.
Minors do not have the legal ability to file personal injury claims. Adults, usually their legal guardians or parents, must file such claims. Frequently, the legal process for filing a personal injury lawsuit for child abuse or negligence involves investigating the facts relevant to the case, gathering evidence to support the claims, and negotiating with insurance companies for a fair settlement.
Many personal injury cases involve presenting legal demands for a financial settlement. A demand of this nature begins the negotiations for total compensation. We would be proud to assist you during such negotiations as your attorneys. In most cases, legal matters related to childcare injuries are settled out of court without needing to go to trial.
Contact Our North Carolina Law Offices to Schedule Your Initial Consultation Today
With a strong personal injury case, it is possible to recover economic and non-economic damages related to the child’s injuries and suffering. Potential damages that could be recovered include medical bills, long-term care treatment costs, mental health counseling expenses, physical therapy expenses, emotional trauma compensation, and more.
If your child has been injured at a daycare facility in North Carolina, our law firm would proudly represent your legal rights in pursuit of justice and a fair settlement. We will explore all the options to help you recover the maximum compensation for your child’s personal injury case. To learn more about our legal services, please contact our North Carolina law firm to schedule your case evaluation today.
You can reach our Asheboro law office at 336-537-5547 or our Carthage office at 910-621-2991. We look forward to speaking with you.
