It is heartbreaking when a child is hurt in an accident of any kind, let alone while attending daycare. Unfortunately, some daycare centers fall short of the standards for quality care, resulting in unsafe conditions.
Whether it’s a corporate daycare or a home-based operation, the staff members at these facilities are responsible for making sure your kids are safe while in their care. If your kid is hurt, even unintentionally, the facility or provider may still be responsible.
Our daycare accident attorneys in Phoenix will hold them accountable in a civil court case for damages if your child was hurt due to their carelessness. Zanes Law will fight to recoup a fair settlement while you focus on your child’s healing process.
Signs of Negligence at a Daycare Facility
The daycare center may deny any responsibility when a child is hurt at their facility. But if daycare neglect played a role in your child’s injury, our attorneys have the expertise, tools, and resources necessary to carry out a comprehensive investigation and establish responsibility and liability.
Your child’s injuries may have been caused by a childcare worker. But the facility may also be at fault, for instance, because of:
- Insufficient security measures
- Faulty playground equipment installation
- Inadequate personnel
- Insufficient background checks
- Making harmful items accessible to kids
- Inadequately maintained facilities
For a free legal consultation with a daycare accidents lawyer serving Phoenix, call 866-499-8989
What do I Do if My Child Has Been Hurt at a Daycare?
You might be able to make a claim for damages against the facility so follow these steps:
- Take your son or daughter to the doctor right away.
- Speak with the childcare workers and other parents to learn more details about the incident and document everything. Remain curious but not critical of the daycare.
- If you believe the daycare was negligent, contact a daycare accident attorney in Phoenix as soon as you can.
Phoenix Daycare Accident Lawyer Near Me 866-499-8989
When Is a Daycare Responsible for an Injury to a Child?
You must be able to demonstrate negligence on the part of the daycare facility and that it failed to take reasonable precautions to avoid harm in order to hold them accountable for your child’s injuries.
The level of care that a daycare center is legally required to provide to prevent injuries is known as “duty of care.” The amount of care that applies is usually decided based on the precise circumstances surrounding the event that resulted in your child’s injuries.
The four criteria below must be proven in order to demand payment from the caregiver:
- The daycare center has a responsibility to safeguard your child from injury
- Your child’s damage was predictable and avoidable as a result of the breach of that duty of care
- Your child’s damage was caused directly or indirectly by the failure of care
- Financial losses were a result of the injury received
The maximum amount of compensation for your child’s medical expenses, ongoing care, pain and suffering, lost pay for the time you must miss work, and other expenses may be yours if all these conditions are satisfied. Our child injury lawyers can calculate this during the initial session.
Why do Daycare Accidents Occur?
Residents in Arizona currently face the dilemma of being in a childcare desert in which there are more children than there are childcare providers. This affects a child’s ability to attend safe childcare facilities in Phoenix and its neighboring cities like Scottsdale, Tempe, and Glendale.
With a lack of licensed child care, there are a variety of reasons as to why a child might experience a severe injury while in daycare, such as:
- Instances of choking and swallowing objects
- Crushed fingers or hands inside doors
- Consuming toxic products
- Unsafe tools or practices
- Significant allergic reactions
- Bathroom mishaps
- Fights and risky play
- Burn injuries
- Speculation or warning signs of child abuse (bruises, scratches, drastic change in behavior, nightmare, etc.)
Usually, children in daycare are too little to express themselves clearly if they are being abused. Parents must take warning indications of unexplained injuries or behavioral abnormalities extremely seriously and contact a daycare accident lawyer in Phoenix immediately.
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Safety Requirements for Phoenix Daycare Centers
The Arizona Child Care Health and Safety Policy Manual goes into detail on the security policy for child care establishments. It states that:
- All employees must undergo background checks before being permitted on the premises when children are present.
- The facility’s entrances must be monitored by a staff member and kept closed from the outside but quickly accessed from the inside in case of emergency.
- Outdoor play areas must be planned with simple access from the street in mind, both in terms of layout and placement. To help stop kids from leaving without an adult, they must be secured by fences with gates.
- Every person entering or leaving the facility must follow sign-in/sign-out procedures and record their name, contact information, arrival and departure times, and the reason they are there.
- To identify the people who drop off and pick up children, as well as their times of arrival and departure, daily attendance records must be kept.
- The kid’s caregiver or teacher must get in touch with the parent or guardian within an hour of the delayed arrival if a parent or guardian has not informed the facility that the child will be absent.
- Staff must be informed about custody court orders or issues, copies of which must be retained in a file.
- No one who does not have parental or guardian consent to pick up the child may be given access to the child.
- All classrooms and play areas must undergo a daily indoor safety inspection. Any dangerous situations must be resolved by the staff or reported to the director.
- Preschoolers, young children, and infants must always be directly observed and heard. Children of school age must always be in the line of sight or hearing of a staff member.
- If somebody exhibits dangerous conduct, staff must have a mechanism to signal for assistance.
Do You Need a Daycare Injury Attorney in Phoenix?
Many state rules and codes in Arizona are intended to safeguard kids from carelessness in authorized daycares. Contact our Phoenix daycare accident attorneys to fight and obtain the money that your kid and family are entitled to while you concentrate on your child’s recovery.
Obtain a free case evaluation right away from the Zanes Law child injury attorneys. If you choose us to represent your family in a civil lawsuit against a daycare facility, we won’t get paid until your family has been awarded damages.