Daycare is a necessary part of daily life for a large majority of American families, particularly since it is common for both parents to work full time. Parents rely on daycare facilities to care for children (many who are often as young as 4-6 weeks), because they have to work to provide for their families and are left with no other options. While most daycares are loving, safe environments there are some that are dangerous and even downright careless or abusive. Read on for information about daycare negligence and fighting against it.
What is daycare negligence?
In Oregon the definition of negligence is “Failure to act with the legally required degree of care for others. May be contributory, imputed, or comparative, depending on circumstances.” A daycare negligence attorney will tell you that daycare negligence is the result of caregivers acting below a reasonable standard of behavior of care, resulting in injury, or even death. Failing to properly supervise children, maintaining unsafe premises, exposing children to danger or known dangerous individuals, or committing a crime are all negligence violations.
Do I have a daycare negligence case?
If your child has been injured at daycare, you are likely wondering whether you have a daycare negligence case. As a Beaverton & Portland Daycare Negligence Lawyer, Paul Galm advises parents that while injuries can be scary and overwhelming for parents and children alike, not all injuries constitute negligence. For example, a child falling on the playground and then injuring himself is a common childhood injury that does not constitute a violation. Likewise, children often injure each other through play or fighting. If a parent notices, however, that a child often comes home injured or bruised, that could be a possible negligence case.
You may have a viable negligence case if your child:
- Is not regularly fed or given water
- Not given medication he needs or conversely is overmedicated/given inappropriate medication
- Did not have their diaper changed throughout the day
- Is not allowed access to the restroom
- Is left to cry/scream instead of being tended to
- Is allowed to wander off outside the premises
- Is unsupervised
- Is placed in danger, or if the premises are unsafe/not up to code
If your child died in daycare due to negligence or even abuse, you may have a wrongful death claim. If your child has been injured at daycare and you wish to pursue a negligence case, you need the advice and expertise of a qualified child care attorney. Your attorney can help you determine if your case is viable and if you are able to file a civil lawsuit to recoup costs and file for emotional damage. Your Beaverton & Portland personal injury lawyer can also help you manage medical bills that the opposing party is responsible for, deal with insurance companies, hire experts to testify on your behalf, and find resources in the community to help you cope.
If your child has been injured due to a negligent daycare, or worse yet intentional or abusive acts of an employee of a daycare, or you wish to seek the expert advice of a lawyer to determine if you have a case, contact Paul Galm Law today.