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When is a Daycare Responsible for Your Child’s Injuries?


Published in Personal Injury on June 7, 2021.

Although most daycare centers want parents to believe that they can’t be held responsible if their child is injured in their care, they are wrong. Daycare providers are responsible for providing a safe environment for the children and if they don’t and an injury results, they can be held liable.

Countless American parents send their kids to daycares every day. They trust that they are in good hands and will be well-cared for. The vast majority of them never have any problems. However, a small percentage of parents regret entrusting their child to a daycare facility. If you are one of them, it’s critical that you reach out to Macon daycare injury lawyers as soon as possible. You could have a valid legal claim for compensation. 

Daycare Injuries: Who is Responsible?

Once the daycare agrees to care for your child, they owe you and your child a legal duty to act reasonably safe. As such, the party that is typically liable in a daycare injury claim is the daycare facility. Suppose the daycare fails to take reasonable care of your child or fails to provide a reasonably safe environment. In that case, they will be responsible for any injuries that result. For example, if the daycare fails to remove a broken or recalled toy and your child is injured, they could be responsible. 

Daycare employees can also be held liable, depending on the situation. For instance, in cases of abuse or lack of supervision, the employee can be liable along with the daycare itself. Your skilled Macon daycare injury lawyer can advise you of which parties are liable based on the facts, circumstances, and evidence in your specific case.

Many times, daycare injuries occur due to:

  • Negligence of daycare staff
  • Inadequate supervision
  • Unsanitary facilities
  • Violations of daycare safety code
  • Acts of other children

Parent Rights in Daycare Injuries

No matter the language in your daycare contract, you may still be entitled to hold the daycare facility liable for your child’s injuries. It’s common for daycare facilities to have parents and legal guardians sign a no liability clause in their daycare contract or agreement. With this request, facilities try to convince parents that the daycare facility cannot be held liable for injuries children sustain while in their care. 

Signing such a clause might make it seem like the daycare facility can’t be held responsible, but it doesn’t legally excuse the daycare center when they are negligent. The purpose of this no liability clause is often to confuse parents into thinking they cannot exercise their legal rights if their child is injured at daycare. Usually, the civil courts are aware of their tactics and don’t permit daycares to be released from liability for the reasonable safety of the children they care for.

Always report any injury or signs of abuse to local law enforcement if you suspect wrongdoing at the daycare.  As a parent, you also have the right to file a civil lawsuit for monetary damages against the daycare or other liable parties. An experienced Macon daycare injury attorney can assist you in seeking justice for your child.

Call a Macon Daycare Injury Attorney Today

If your child was injured at daycare, it’s essential to have legal representation you can trust. Many parents have entrusted their cases to us and received the compensation they deserved. At Nelson & Smith Attorneys at Law, we offer no-obligation case reviews. Call (478) 746-1468 or contact us online today to schedule yours with an experienced Macon daycare injury lawyer.