Every parent knows that selecting a daycare for their child can be stressful. You are not just selecting a place for your child to stay for a couple of hours; you are placing your child’s safety in the hands of essential strangers. Hearing stories of terrible daycare accidents in the news does not help the situation.
Unfortunately, daycare accidents happen more often than many parents admit. When you place your child in the hands of supposedly responsible adults, it can feel like a slap in the face when those adults end up causing harm to your child. After your child has been hurt in a daycare accident, you should reach out to a daycare accident attorney in Phoenix.
Common Causes of Daycare Accidents
We all know how energetic children can be. Even under the most attentive person, a child can find a way to get involved in dangerous activities. Still, some risks are associated with daycare centers that can increase the chances of a daycare accident. Some of the common causes of daycare accidents include inadequate staff, negligent supervision, defective playground equipment, physical abuse, and more.
Inadequate Staff
Like other organizations, daycare providers are experiencing staffing issues. With the lack of adequate adults around to keep an eye on all children, daycare accidents are more prone.
Negligent Supervision
Even if there is an adequate amount of adults present in a daycare, negligent supervision can easily cause a daycare accident. Children who are not properly supervised are more likely to get into riskier activities that can cause them serious harm.
Defective Playground Equipment
Owners of daycare centers have a legal responsibility to maintain reasonably safe premises for all children and staff members. Allowing defective pieces of playground equipment to remain at the daycare center is placing children’s safety at risk. Some common defective pieces of playground equipment that can cause serious harm include swings, seesaws, and jungle gyms.
Physical Abuse
Another common cause of daycare accidents includes blatant physical abuse. Some daycare center employers do not do their due diligence when investigating an employee’s background check. Unfortunately, some employees do not handle the nature of the job efficiently.
For frustration or other reasons, some staff members end up hitting children and causing serious physical harm to them. Because children as young as one year old are enrolled in daycare, physically abused children cannot always share what is happening to them with their parents.
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Common Daycare Injuries
Some of the injuries that children can endure from daycare accidents include:
- Fractured bones
- Brain injuries
- Spinal cord injuries
- Muscle sprains
- Anxiety
- Suffocation
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Establishing the Daycare Center’s Liability
Every member of the daycare center – from the staff members to the daycare owner – owes your child a specific duty of care. They have a legal duty to ensure that your child is reasonably safe in their care. When this trust has been broken and your child has been seriously hurt, you deserve to pursue legal action on your child’s behalf.
There is a difference between an unintentional accident and an accident that is preventable. With a majority of daycare accidents, they are usually the latter.
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Types of Daycare Accidents
Some of the common daycare accidents include:
- Slip and fall accidents
- Drowning accidents
- Playground accidents
- Burns
- Suffocation from toys and other choking hazards
- Unintentional poisoning
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Signs of Daycare Accidents
While children are not always able to verbalize that negligence is happening, there are some signs that staff members at daycare centers abuse their children or are negligent. One of the signs includes noticeable physical injuries. If your child has large bruises covering a large part of their body or marks too large to be caused by another child, that is an indication that the staff members are physically assaulting your child.
If your child comes home extremely hungry or thirsty, that is another sign that the daycare staff has been negligent towards your child. When it comes to the staff members, one of the most obvious signs is how evasive they are when discussing your child’s injuries. If the daycare members are too hesitant about supplying information about your child’s injuries, that is a sign that something sinister is happening at the daycare.
Filing a Daycare Accident Lawsuit
As the parent or guardian of your child, you have the right to file a lawsuit on behalf of your child’s injuries. Suing the daycare center for your child’s injuries will allow you to hold the property owners and staff members accountable for their negligence against your child. In addition to proving the staff members’ liability, you will be able to be financially compensated for the harm caused by your child.
Reaching a Settlement
More than likely, your daycare accident lawsuit will result in a settlement. In an attempt to avoid taking every legal matter to court, legal professionals are resolving legal matters through other forms of resolution like mediation.
Through mediation, you and your daycare accident lawyer in Phoenix will have an opportunity to reach an agreed settlement amount for you to resolve your lawsuit. Your attorney and the daycare center’s attorney will present each other’s cases and justify why your case should be considered. It is very common for the defendant’s attorney to lowball you and offer a low settlement offer.
It may certainly be necessary to pursue the daycare injury claim in court, particularly if the other parties refuse to offer a fair settlement.
How a Daycare Accident Attorney in Phoenix Can Help
When you want to increase your chances of reaching a fair settlement for your child, consider hiring a Phoenix daycare accident lawyer. Your daycare accident attorney can gather the strongest evidence possible to present the best case for your compensation.
If the opposing attorney attempts to make outlandish claims against you or your child, your daycare accident attorney can refute those claims with the proper information. Many attorneys try to downplay the serious nature of a child’s injuries. Your daycare accident attorney will give your case the compassion and urgency it deserves.
Call a Phoenix Daycare Accident Attorney Today
When your child has been seriously hurt in a daycare accident, reach out today to a Phoenix daycare accident attorney. At Zanes Law, our daycare accident attorneys go the extra mile to ensure your child receives the justice they deserve. Call our office, or complete a free case evaluation for your free consultation.
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