Who Is Liable for My Child’s Injuries at Daycare?
May 20, 2019

Parents put careful consideration into where their child will spend up to eight hours a day to be cared for, while the parent at work. In the event that their child is harmed at daycare or with a babysitter, a parent can be left feeling betrayed, confused, and even angry. After confirming that their child is okay, parents will quickly seek who is to blame. In a daycare there are several possible liabilities; the daycare provider, babysitter, or another child could be to blame. Each situation is handled differently, but especially when it involves the daycare provider, negligent behavior is possible.

Daycare Liability Waivers

Any type of daycare or nanny that cares for your children will almost always have you sign a liability waiver before care begins. Read these waivers carefully and don’t just sign away. With that in mind, most waivers are pretty standard and will claim something similar. Your liability waiver will most likely say that you discharge the daycare and staff from any legal claims, damages, or expenses based on injury or death of your child.

This means that if your child is hurt by an actual accident, or if someone from outside the daycare causes damages, the daycare is not liable. Otherwise, this waiver does not excuse the daycare staff from acting recklessly, carelessly, or with the intent to harm another child. In such events, the daycare employee is liable and legal action may be taken. If you are ever unsure about your liability waiver, seek professional help immediately.

How to Prove Daycare is Liable

Simply because the liability waiver does not completely protect a daycare employee, does not mean filing a personal injury lawsuit is an easy process. Daycare centers usually have decent insurance and you will have to prove negligence in order to succeed in the case. For a daycare to be held liable, your legal team must show that several actions were not taken.

1. Proof of the child’s damages
2. The daycare had an obligation to protect your child from harm
3. The daycare violated its duty of care
4. The violation was the direct cause of your child’s injury
5. The injury must have been foreseeable by daycare staff or management

If all of these proofs are present, then it is likely that the courts will act on your behalf.

Child vs. Child

When another child harms your child at daycare, this situation can become much more complex. The daycare staff plays a role in overseeing and protecting your child from foreseeable harm as much as possible. However, the truth is that when supervising several children at once, it is hard to define what is foreseeable. There are always reports in the news of children getting harmed by other children at daycares. Parents are typically outraged and while the daycare does not take full responsibility, they take action to handle the situation such as, expelling the child who caused injury. If your child suffers from a personal injury from another child at daycare it is best to seek professional help from an Phoenix personal injury lawyer who is highly experienced in these situations.