Preschools and daycares are supposed to be places of fun and learning for our children. We expect that preschools and daycare staff will provide adequate supervision, that any playground equipment will be reasonably safe, and that classrooms will not have any dangerous conditions.
Unfortunately, countless children are injured each year in preschools and daycares due to owner negligence. Negligence can consist of inadequate staffing, failure to make rooms safe, defective playground equipment, or many other causes.
While we don’t know the exact number of children injured, if the child is your child, it’s one too many.
Most preschools and daycares require parents to sign a release or waiver of liability, and thereby agree, on behalf of their child, to give up all rights to bring a lawsuit against the daycare if a child is injured. Often, these releases are not enforceable.
Preschools and daycares cannot simply waive their duties to act with due care over your children, which is what the waivers attempt to do. In a lawsuit, the real question is whether the preschool or daycare was negligent in their duty of care towards your child. For legal liability, they must have breached their obligation to care for your children in some way, and whether this breach led to a foreseeable injury. Having broken or dangerous playground equipment may be an example of where a daycare will have liability.
While it’s difficult for most adults to comprehend, not all injuries at preschools and daycares are due to accidents. In some cases, children are deliberately physically abused.
At the core, physical abuse is almost always a result of negligent hiring. Staff who commit abuse often have a past history of abusing other children. They may also have a temperament that is ill-suited to being in charge of many young children. When they do abuse or injure children, such result is often not unexpected when more is understood about their background and temperament.
In a small number of cases, children may even be sexually abused. Those who commit sexual abuse against children will usually have a past history of sexual abuse.
All cases of abuse should be immediately reported to the police. While our firm cannot hold people criminally liable, we can – and will – do everything in our power to hold preschools and daycares fully accountable for all negligence and intentional acts that lead to harm to our children.
We offer a no-risk free consultation so that you can learn about our services. We accept cases on a contingency fee basis, meaning that there is no fee for our firm unless and until we are successful in recovering compensation for you.
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