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What to Do When Your Child Is Injured at a Daycare Center

By Brown Moore

January 11, 2022

Home News & Resources What to Do When Your Child Is Injured at a Daycare Center

Children have accidents all the time. Despite this fact, parents usually take every precaution they can to avoid serious injury to their kids. Unfortunately, parents cannot be at their children’s sides every second of the day. They, therefore, trust the safety and well-being of their children in daycare centers, preschools, and babysitters while they are off attending to the matters of everyday life.

On occasion, a child may experience serious injuries while under the care and protection of another person or entity. At Brown Moore & Associates, PLLC, we get questions all the time concerning the legal implications of an injury of a child at a place of care. Luckily, we have experienced Charlotte child injury attorneys ready to assist you in any capacity you need.

Negligence and its Role in Cases of Child Injury in North Carolina

Employees working in child care are usually required to take courses such as Red Cross emergency child care lessons. Yet in many cases, a child’s injury at a daycare center is usually the result of individuals who are untrained or negligent in childcare tactics and techniques. It may be the case that they are inexperienced or simply lack the necessary training.

In other cases, an employee may be negligent, immature, or impatient to the extent that they allow children to partake in dangerous acts that put their well-being at risk. Be it a fall from a high area or too much roughhousing with other children, the safety of a child is always the responsibility of an employee who is supposed to be taking care of them.

In the case of a child injury, the reasoning behind the injury in relation to the employee is not too important. Daycare centers have a legal duty to provide proper protection and supervision against potential injury. This is one of the main functions and responsibilities of a child care center. This is usually considered negligence and is dealt with in a civil court, meaning financial compensation may be available to the family of an injured child to cover the cost of pain and suffering, child care costs, medical bills, and emotional distress.

The Question of Liability

It is worth noting that liability waivers are common in daily society. They are signed before potentially dangerous activities such as go-karting all the way to daycare centers. This commonality has led to many childcare centers requiring the signage of a liability waiver before being able to receive care for one’s children. However, most states disfavor liability waivers there is a case involving an injury of a child. The issue with liability waivers is it is usually an attempt for care centers to have complete, unanswered discipline after having an accident with a child. This is obviously problematic, meaning that parents should be wary of signing on to liability waivers before dropping their kids off at a daycare center.

Persecuting Cases of Child Injury in Charlotte

At Brown Moore & Associates, PLLC, we understand that your child’s safety is of utmost importance to your family. In cases of serious injury, parents undoubtedly take their children to be seen by medical professionals to ensure a healthy child for both the present and the future. This incurrence of medical bills may leave you short thousands of dollars – meaning you need a lawyer on your side to fight for what’s right. Call one of our Charlotte child injury attorneys today at 704-335-1500 or by clicking here to ensure the future well-being of your family.