Daycare Provider Negligence
Daycare provider negligence is the failure to supervise and care for a child properly. When a child is lost, injured, or otherwise harmed due to a lack of reasonable supervision or care, this is considered daycare negligence.
Many parents believe that only intentional physical abuse, such as hitting or improperly restraining a child, amounts to negligence that could result in civil or criminal liability. However, this is not true. Negligence in a child care setting is a breach of the child care provider's legal duty to exercise reasonable care and caution to ensure the safety of the children in their care.
This duty includes keeping children safe from harm and providing for their physical, emotional, and psychological needs. A proper daycare environment must offer adequate food, rest, and appropriate activities within a secure setting. A breach of this duty can result in physical injuries, but it can also cause severe psychological trauma. Furthermore, negligence may not always be related to direct childcare. It can also involve maintaining dangerous buildings, unsafe outdoor play spaces, and other hazardous areas accessible to children.
As a parent or guardian, you should be aware of the signs of child care negligence. These can range from physical marks on your child to something much more subtle. You could also notice signs of negligence at the daycare center or provider’s home and not through your child at all.
Common Examples of Negligence in Child Care
When you leave your child at daycare, you expect them to be safe. Sadly, negligence in child care happens more often than it should. Daycare negligence occurs when a facility, its staff, or its owners fail to provide the level of care that a reasonable provider would in the same situation.
Some of the most frequent examples of daycare negligence include:
- Inadequate Supervision: This is one of the main reasons children get hurt at daycare. Facilities need to have enough staff for the number and ages of children present. If there are too few adults, accidents can happen. Children might wander off, get injured on playground equipment, or swallow dangerous items if they are not watched closely.
- Unsafe Premises and Choking Hazards: Daycares must keep their spaces free of dangers. Small items like paper clips or push pins can be deadly if a child swallows them. Cleaning supplies and toxic chemicals should always be locked away so children cannot get to them.
- Coming Home With Physical Marks: Your child comes home with scratches, bruises, and other physical marks. As a parent, you know when your child comes home with a common injury like a scrape or a cut from a fall. But be on the lookout for too many or inexplicable injuries on the child’s wrists, upper arms, back, or abdomen.
- Constant Hunger or Thirst: If your child is consistently in need of food or water when you pick them up from daycare, it could be a sign that the providers are not adequately nourishing them.
- Your Child Becomes Withdrawn: Neglect and emotional abuse can have extreme effects on children’s moods and long-term emotional health. If your child’s demeanor has changed and they have become withdrawn at home, this could be a sign of mistreatment by a child care provider.
Can I Sue a Daycare for Negligence?
Yes, you can sue a daycare for negligence if their failure to provide proper care resulted in harm to your child. Suing a daycare for negligence involves proving that the facility owed your child a duty of care, breached that duty, and directly caused measurable damages, such as medical bills or emotional trauma.
If you believe your child has been hurt at a daycare facility or that the premises are not safe, find an alternative child care provider immediately, have your child examined by a trusted physician, and contact an experienced Cochran Firm attorney as soon as possible for a free, no-obligation consultation. We can investigate the situation, including whether the child care facility is compliant with the law and whether there is evidence of negligence.
Frequently Asked Questions About Daycare Negligence
What is daycare negligence?
Daycare negligence happens when a childcare provider does not provide a safe environment or proper supervision, and a child is harmed or injured as a result. This can include unsafe spaces, failing to watch children closely, or failing to meet their basic needs.
What are red flags in a daycare?
Red flags at a daycare include frequent staff changes, poor communication, unexplained injuries on children, dirty conditions, and places that do not allow parents to visit without warning.
How to tell if your child is unhappy at daycare?
Signs your child is unhappy or being mistreated at daycare include sudden clinginess, crying when dropped off, sleep disturbances, regression in potty training, or a sudden withdrawal from normal activities.
What to do if you know a child is being mistreated?
If you think a child is being mistreated, take them out of the situation right away. Write down any physical or behavioral signs, get medical help if needed, and report the daycare. You should talk to a daycare negligence attorney to learn about your legal options.
When to pull a child out of daycare?
You should pull your child out of daycare immediately if you notice unexplained injuries, severe behavioral changes, or unsafe conditions and inadequate supervision at the facility.
If your family is dealing with the aftermath of daycare negligence, do not wait to seek help. Contact The Cochran Firm today for a free, no-obligation consultation to discuss your case and protect your child's rights.
