Daycares are supposed to be safe places for your children to learn, grow, and socialize. Unfortunately, if daycare owners and staff members act negligently, serious accidents can occur. Read on to learn more about daycare negligence in New York and what to do if an accident occurs.
What Constitutes Daycare Negligence?
Some of the most common forms of daycare negligence include:
- Children being injured on rusty or defective playground equipment
- Children being fed stale food or unclean water
- Sharp, hazardous materials within children’s reach
- Ignoring a child’s food allergies
- Failing to watch children at all times
- Failing to screen potential employees who may be unsafe around children
- Any other factor that the court deems in violation of the reasonable expectation and standard of care
Can I Pursue Legal Action for Negligence?
In order to take legal action against a daycare, you will have to be able to prove that the daycare owner and employees owed your child a duty of care which they failed to meet. You will have to prove:
- The child was enrolled in the daycare and the establishment owed a duty of care to the child
- The daycare employer or the staff breached their duty of care through negligent behavior
- The child’s injuries were a direct result of their negligence
- The child suffered significant damages due to the accident
In order to prove this, it is important to document your child’s injuries. You should do this by taking your child to the doctor right away. This will provide you with proof of the origin and extent of your child’s injuries. You should also be sure to take photos and videos of the injuries, and if possible, document the negligent conditions of the daycare. You should be sure to reach out to an experienced personal injury attorney. An attorney may be able to obtain further evidence, including security camera footage.
It is important to know that some daycares will ask you to sign a waiver. You do not have to sign this document, and if you did sign it, you can still take legal action in the event that your child has been injured.
If your child has been the victim of daycare negligence, reach out to our firm today. We will fight to recover the compensation you deserve.
Contact our Firm
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. We understand the implications of a serious accident, which is why we take pride in tenaciously representing our clients. If you require strong legal representation, contact our firm today to schedule a free consultation.