If your child comes home from daycare with an injury or you receive a call that your child has been taken to the emergency room, one of your first instincts would be to find out who is responsible. If you are told your child’s injuries are the result of a daycare worker’s actions, the daycare center would be responsible. But, if another child was the underlying cause of the harm, the situation can become complicated.
When it comes to daycare liability, you should speak with an experienced Chicago personal injury attorney who knows how to handle this type of case. At Staver Accident Injury Lawyers, P.C., we will review your situation, determine who may be liable, and guide you through what to do next. Call us today at (312) 236-2900 to schedule your free initial consultation.
When your son or daughter is hurt because of another child’s actions, two potential parties could be held responsible: the daycare or the other child’s parents.
Your child’s daycare center has a legal duty to protect your child from undue harm. When they fail to uphold this obligation, they can be held responsible for any injuries that are a direct and proximate result of their negligence. If your child was put in a bad or dangerous situation with other children because of the daycare staff, then the daycare may have breached its legal duty of care toward your child.
For instance, the daycare staff is legally required to supervise all of the children at all times. They cannot simply put the kids into an area, tell them to play, and then go work in another room. Such a lack of supervision is a failure of their obligation to care for and protect the children, and it is a violation of Illinois law. If your child was injured by a misbehaving child during a time when they were not appropriately supervised, then you may have a legal claim against the daycare.
There also may be cases in which your child is harmed by another child and the daycare was not negligent. In this situation, you should speak with an experienced lawyer about holding the other child’s parents responsible. You may be able to file a personal injury claim against the other parents on behalf of your child. However, this can be a complicated process, and it is not something to attempt without legal representation.
Your child’s daycare may have had you sign a liability waiver when you initially signed up or paid tuition. This waiver may say that you assume the risk of injury or harm to your child while they are at the daycare or on approved field trips. It can go on to say you discharge the daycare and its staff from any legal claims, damages, or expenses based on injury to or death of your child.
This kind of waiver may stand up to legal claims if your child was hurt in an actual accident or an incident caused by someone outside of the daycare center. For example, there have been cases of individuals accidentally driving into daycare facilities, causing property damage and harm to the children. In this case, the daycare would not be responsible for the accident.
However, a liability waiver may not excuse a daycare facility’s legal responsibilities. A daycare owner or employee cannot act carelessly, recklessly, or in an intentionally harmful manner toward the children. If you signed a waiver and are unsure of whether this prohibits you from filing an insurance claim or lawsuit after your child gets hurt, call us at Staver Accident Injury Lawyers, P.C. immediately.
There is nothing easy about dealing with a situation in which your child is hurt. As a parent, you feel responsible for your child’s health and safety every day. Even if an accident that occurred was beyond your control, you may still feel responsible.
Our Chicago personal injury lawyers at Staver Accident Injury Lawyers, P.C. can help you focus on holding the right party liable for the injuries your son or daughter suffered at daycare. We can help you pursue the compensation you and your child deserve for your suffering.