As parents, we know that getting hurt is practically a childhood rite of passage. Energy, enthusiasm, and curiosity result in accidental scrapes,cuts, broken bones, and other injuries that are painful at the time but soon heal. But when we entrust our children to daycare each morning before work, we never expect to get a call telling us that they have been injured. Yet it can, and does happen. And that’s unacceptable because daycares have a duty to care for the children in their charge in a reasonably safe manner. Any manager or employee who fails to do so may be found liable for any resulting injuries.
Examples of dangerous daycare conditions that have caused children to be injured include:
- Negligent supervision that allows the children to be injured or leave a facility unwatched
- Unsanitary conditions that create illness and disease
- Failure to secure the facility against outside threats
- Failure to maintain the premises to high safety standards
- Failure to document and adhere to special needs such as allergies and mental or physical challenges
According to the Center for American Progress, nearly one-quarter of children under the age of five are in some type of third-party child care situation, which includes daycare centers. The law requires these facilities to observe an age-appropriate standard of care that is suitable for the particular needs of the children, but sometimes there are horrific aberrations.
On May 23, 2017, emergency personnel were called to Rocket Tiers Learning Center because an eight-month-old infant had been discovered in a nonresponsive state. All attempts to save the child failed. The daycare owner assured the parents that the caregivers on staff were not to blame, but when police reviewed the facility’s videotapes, they discovered that the child’s death was not an accident: it appeared to be murder. A staff member was seen slapping, dragging, and smothering the baby until death resulted.
Not all injury reports are as extreme as this one, but no child deserves to be harmed by an adult responsible for their care. If your child has been injured due to the negligence of daycare staff, you can seek damages for the following:
- Current and future medical expenses
- Physical pain and suffering
- Emotional and mental anguish
- Loss of enjoyment of life
- Reduced quality of life
- Loss of future income if the child is left permanently disabled
A New York personal injury attorney will conduct a complete investigation of the circumstances that caused your child to be injured, and speak to daycare staff, medical personnel, and other professionals to gather supporting evidence. The ultimate goal will be to get your child the settlement or award he or she needs and deserves. Jayson Lutzky is a personal injury attorney who helps victims of accidents and their families recover fair compensation for medical bills, lost wages, funeral costs, and compensation for pain and suffering. To set up a free in-person initial consultation, call 718-514-6619 or visit Mr. Lutzky’s website www.MyNewYorkCityLawyer.com.