Daycare providers have an enormous responsibility and are expected to act as caring, trustworthy professionals. When they fail to meet the standard of care owed to customers and their little ones, the results can be devastating. Even when childcare workers do not intentionally harm children, the children in their care can suffer severe injuries or death due to negligence.
We believe that those who care for children must take every precaution to ensure the safety of those in their care. If your child has been injured by a negligent or malicious childcare provider in Arizona, contact one of our Tucson daycare accident attorneys for legal assistance. Our initial consultation is free, and we only get paid when we win your case.
How an Arizona Daycare Injury Lawyer Can Help
The aftermath of an accident involving your child can be an emotionally charged situation for you and your family. Seeking professional legal assistance from a member of our team can allow you to focus on your child’s recovery while we begin investigating the accident.
Our attorneys possess the resources to investigate the incident thoroughly and have several ways of determining how and why your child was injured. These methods can include talking to witnesses, reviewing the childcare facility’s policies and recent memos, searching for previous complaints, and checking for surveillance footage.
After gathering sufficient evidence, we can begin to build a case on behalf of you and your little one. The final step will be pursuing compensation for your damages. That could mean negotiating an insurance settlement, or it may mean taking your case to court to fight for justice in a jury trial.
For a free legal consultation with a day care accidents lawyer serving Tucson, call 866-499-8989
Signs of Negligence at a Childcare Facility
The director and staff may deny responsibility when a child is hurt at a daycare center. However, if neglect led to your child’s injury, our experienced attorneys have the knowledge and resources necessary to conduct a thorough investigation that establishes liability.
Your child’s injuries may have been directly caused by the action or inaction of a childcare worker. However, the childcare facility may also be liable. Here are a few reasons the facility may be to blame:
- Inadequate personnel
- Poorly maintained facilities
- Insufficient security measures
- Faulty equipment installation
- Failure to perform adequate background checks
- Leaving harmful items within a child’s reach
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Parties Typically Liable for Daycare Injuries
Typically, a daycare injury lawsuit will name the daycare’s staff members and the facility itself. In most cases, when a child sustains an in daycare, the lawsuit filed against the daycare center and involved employees will be based on negligence.
A negligence lawsuit must allege that the defendant owed the injured victim a reasonable duty of care, that the duty was not met, and that the failure to meet that duty directly caused damage such as an injury. The following parties may be found negligent after a child is injured in daycare:
Daycare Staff Members
Staff members who work with children, such as caregivers and teachers, are responsible for the safety of the children in their care. Therefore, if a particular staff member failed to supervise your child or took an action that they should have known could cause harm to your child, you likely have the basis for a successful negligence lawsuit against the staff member.
The daycare facility could face responsibility when their employee caused your child’s injury due to something known as the doctrine of vicarious liability. Under this principle, an employer can be held responsible for the acts of an employee if the employee acted negligently within the scope of their employment.
Vicarious liability is often found in situations where an employer has instructed an employee to act a particular way in specific scenarios. For example, if a daycare employee administers specific disciplinary methods to your child because they were trained to do so, the facility itself will likely be held liable.
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Compensation After a Tucson Daycare Accident
Under Arizona law, you can seek compensation for your child’s injuries, including any medical bills incurred during treatment and any pain and suffering. The damages you may be able to obtain fall into three general categories: economic damages, non-economic damages, and punitive damages.
Economic and Non-Economic Damages
Economic damages refer to documentable expenses, such as medical bills, while non-economic damages refer to compensation losses that are more difficult to quantify, such as pain and suffering, including emotional distress.
Calculating non-economic damages can be especially challenging when a young victim may be unable to express how much pain they are in or how they are feeling emotionally. Fortunately, our experienced personal injuries can help with calculating pain and suffering damages, even in cases involving nonverbal children.
Punitive damages are different from economic and non-economic damages in that they punish the responsible party rather than make the victim whole. Generally, you must show that the defendant did something particularly egregious to receive punitive damages.
Arizona courts follow a rule that an injured party may only recover punitive damages if the defendant acted with an “evil mind.” A person’s state of mind can be difficult to prove, but your lawyer can examine the particulars of your case and advise you on whether pursuing punitive damages is a viable option.
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Arizona Statute of Limitations for Childcare Injuries
The statute of limitations is the legal time limit a party has to file a claim for their injury or the injury of someone that they represent, and every state has one. In Arizona, the statute of limitations is two years from the date of the injury, as outlined in ARS §12-542. However, the statute of limitations is delayed when the injured party is a minor.
An injured child’s time limit for filing a personal injury claim will not even begin until the child turns 18. This not only gives you more time as the parent, but it allows a child to pursue a lawsuit after reaching adulthood. That said, you should still seek legal counsel right away before vital evidence is lost or covered up.
Contact a Tucson Daycare Accident Lawyer Today
At Zanes Law, we realize that an incident where a child is injured is highly upsetting to a parent, especially when the accident happened at a daycare center, where your child is supposed to be under the care and supervision of carefully screened professionals. Although we can’t imagine what you are feeling, we empathize with you and want to hold the negligent parties responsible.
Even if you are unsure what happened to your child or who is to blame, enlisting the help of one of our Tucson daycare accident attorneys can be an important step in determining what led to your child’s injury and whether you have a strong case against your daycare provider. Reach out today to get started with a free case evaluation.
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