Parents are rightfully leery about leaving their child with another adult for the day, especially if it’s an adult they do not already know and trust. Fortunately for most parents, daycare providers generally understand the responsibility they have to ensure children are safe, happy, and healthy at all times. Sometimes, however, daycare employers or staff prove to be negligent or cruel, resulting in harm to your child. This is never okay, and as a parent, you are most likely enranged and are now seeking justice. If you find yourself in this situation, here are some of the questions you may have regarding your legal options going forward:
What is daycare negligence?
When a daycare employer fails to provide children with a positive, safe environment, they can be considered negligent. Some examples of daycare negligence include failing to screen employees, leaving choking hazards lying around, disregarding children’s complains or pain, discomfort, or sickness, and more. However, sometimes an unprofessional daycare staff may go far beyond an act of negligence, and can even extend to pure child cruelty.
Certain daycares will try and save money by not feeding children adequately, or by giving them stale or tainted food and water. It’s hard to beleive someone could do this to a child, but unfortunately, it happens more than we’d like to think. Additionally, some daycare employees will even go so far as to hit or physically abuse children at times. Nobody has the right to hit your child, under any circumstances, which is why you absolutely deserve financial compensation if this has happened to your child.
How do I sue a negligent daycare provider?
To sue a negligent daycare provider, your attorney must first prove that you were indeed injured due to another party’s negligence or inappropriate conduct. Daycare lawsuits work as follows: Your attorney will have to prove that (1) your child was enrolled in the daycare, which therefore owed your child a duty of care, (2) that the daycare employer or staff breached that duty of care via an act of negligence, (3) that your child was directly injured or harmed as a result, and that (4) your child has suffered significant damages. Your attorney will use pictures of your child’s injuries, police reports, medical documents, pictures of the poor safety conditions, and more to prove your claim.
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Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firm today to schedule a consultation.