Daycare negligence & abuse attorneys are the ones to call if you know or suspect a child has been injured or abused in a daycare setting.
Serious injuries that might require ongoing physical and/or psychological medical care can happen in a daycare setting due to lax supervision, poor judgment, careless errors, and even intentional abuse by the staff.
In a personal injury lawsuit, someone who is harmed by the negligent, reckless, or intentional action or inaction of another person or entity may be able to recover compensatory damages. But in order to do so, the victim has the burden of first proving the other party is liable for their injuries.
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What Responsibilities Do Daycare Centers Have?
Daycare centers have significant responsibilities to ensure the safety, well-being, and development of the children in their care. As a parent or guardian in the Greater Kansas City Area of Missouri, understanding these responsibilities can help you make informed decisions and recognize when a daycare center may be falling short. Here’s an overview of the key responsibilities that daycare centers should uphold:
Ensuring a Safe and Healthy Environment
One of the primary responsibilities of a daycare center is to provide a safe and healthy environment for children. This includes maintaining a clean facility, adhering to health and safety regulations, and providing adequate supervision. Daycare centers in Missouri must follow strict guidelines to prevent accidents and injuries, ensuring that all areas accessible to children are secure and well-maintained.
Offering Age-Appropriate Activities
Daycare centers should offer a range of age-appropriate activities that foster the physical, social, and cognitive development of children. This includes structured activities like arts and crafts, music, and outdoor play, as well as opportunities for children to learn and explore through self-directed play. Providing an enriching environment is essential for the overall growth and development of children in daycare.
Meeting Nutritional Needs
Daycare centers are responsible for providing meals and snacks that meet the nutritional needs of the children in their care. This includes accommodating any dietary restrictions or allergies and ensuring that meals are balanced and adhere to recommended dietary guidelines. Proper nutrition is crucial for the health and development of young children, and daycare centers must prioritize this aspect of care.
Communicating with Parents and Guardians
Effective communication between daycare centers and parents or guardians is vital. Daycare centers should provide regular updates on a child’s progress and development, as well as communicate any concerns or issues that may arise. Building a strong relationship with parents ensures that they are informed and involved in their child’s daycare experience.
Complying with Regulations and Licensing Requirements
Daycare centers in Missouri must comply with state regulations and licensing requirements to operate legally. This includes meeting standards for staffing ratios, facility safety, and educational programming. Compliance ensures that daycare centers maintain a high level of care and adhere to best practices for child welfare.
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Common Daycare Injuries That Occur in Missouri
Damages differ on a case-by-case basis but generally, if liability is established, the victim may be entitled to current and future medical expenses, current and future lost income or diminished earning capacity, physical or psychological pain, and more.
Common injuries that lead to daycare negligence lawsuits may include:
- physical abuse
- choking on toys or food
- injuries or elopement from negligent supervision
- playground equipment hazards
- substandard premises maintenance
- vehicle accidents in day care-owned vehicles during trips
Of course, there are less common scenarios that may arise.
How to Prove Daycare Negligence in Missouri
Establishing the Daycare’s Duty of Care
In any personal injury claim, including those involving daycare negligence, the first step is to establish the legal concept of “duty of care.” A daycare center in Missouri has a legal obligation to provide a safe environment and prevent reasonably foreseeable injuries to children under their supervision. This includes maintaining safe premises, providing proper supervision, and adhering to applicable health and safety regulations.
Proving Breach of Duty
Once the duty of care is established, the next step is to prove that the daycare center breached this duty. A breach occurs when the daycare fails to meet its responsibilities, either through action or inaction. Examples of breach of duty may include:
- Failure to Maintain Safe Premises: Allowing hazardous conditions like broken playground equipment or slippery floors.
- Improper Supervision: Not adequately watching children, leading to accidents or injuries.
- Lack of Proper Training or Staffing: Employing unqualified staff or failing to provide adequate training to caregivers.
- Violation of Laws or Regulations: Breaking state or local childcare regulations or committing a criminal act.
- Proving that the daycare center breached its duty of care is crucial in establishing negligence or liability.
Demonstrating Causation
After proving a breach of duty, you must show causation – that the breach directly caused your child’s injuries. This involves demonstrating that the injury would not have occurred if the daycare had fulfilled its duty of care. Gathering evidence such as medical records, eyewitness accounts, and expert testimony can help establish this connection.
Proving Damages
The final element in a daycare negligence case is proving that the breach resulted in specific damages. Without damages, there is no basis for a personal injury claim. Damages can include:
- Medical Expenses: Past and future medical bills, medications, and medical equipment.
- Long-Term Care Costs: Expenses related to rehabilitation, therapy, or long-term treatment.
- Lost Wages: Income lost due to time taken off work to care for your injured child.
- Pain and Suffering: Compensation for the physical pain and emotional distress experienced by your child.
- Emotional Distress: Psychological impact on your child and family.
Documenting these damages thoroughly is essential for a successful personal injury claim.
Daycare Abuse Shared on Viral Social Media Video
Recently, a viral social media video of a so-called daycare “fight club” shows a four-year-old Missouri boy reportedly being beaten by another boy as two teachers “egged-on the fights” and allegedly provided the “Hulk hands” boxing gloves to the boys. One boy allegedly wrestled the victim to the ground and repeatedly pummeled him, according to video footage. The alleged victim’s older brother reportedly videotaped the incident from an adjacent room of the daycare center and forwarded it to their mother. The teachers allegedly involved claimed it was a “stress release exercise” and they were reportedly fired, but not criminally-charged.
Daycare centers generally do insist that parents sign waivers of liability that include language letting the center off even for injuries caused by negligence. But while state laws differ, courts don’t necessarily allow centers to hide behind those waivers and often still allow parents to pursue legal action to recover damages when their child is hurt as a result of alleged negligence or intentional abuse while in the day care center’s care.
What if I Suspect a Daycare Center is Abusing My Child?
If you believe your child has been a victim of daycare negligence, the personal injury attorneys at the Noland Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.
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