Can I Sue a Daycare for Negligence in New York?

Can I Sue a Daycare for Negligence in New York?

When parents have young children, it is rarely ever easy to leave them in the care of others. This includes sending them to daycare. In doing so, they put their trust in the facility to make sure their child is happy and safe. Usually, this is the case and there are few problems. However, there are other cases in which negligence occurs and causes harm to a child. If this happened to your child, it is important to retain the services of an experienced New York personal injury attorney to defend your child’s rights. 

What is Considered Daycare Negligence?

When parents sign their children up at daycare, the establishment may have them sign a waiver that includes a liability clause. The intent of this form is to deter parents from pursuing legal action against them in the event that an accident happens. However, it is important for parents to know that they can still pursue legal action against a daycare for negligence even if they did sign the waiver. Examples of negligence in which parents may have grounds for legal action can include: 

  • Small objects are left around the property. Daycares are required to always keep potential choking hazards or toxic substances out of a child’s reach.
  • If a child seems to be losing a significant amount of weight or is hungrier than usual, they may not be provided with adequate amounts of food at daycare and may be malnourished. 
  • Broken glass, rusted playground equipment, mold, or other hazardous property conditions. 

How Can I Pursue Legal Action for Negligence?

When a parent wants to pursue legal action against a daycare for negligence that harmed their child, they are required to prove a number of things in order to be successful. This can include the following:

  1. The child was enrolled in the daycare and the establishment owed a duty of care to the child
  2. The daycare employer or the staff breached their duty of care through negligent behavior 
  3. The child’s injuries were a direct result of their negligence
  4. The child suffered significant damages due to the accident

To prove the above, it is important to have the help of a skilled attorney who can gather evidence. This can include medical documentation of the child’s injuries, a police report, pictures of the injury and the safety hazard, and more.

Contact our Firm

A personal injury accident can have a great impact on your life and your bank account. At Katter Law Firm, we believe that everyone should be held liable for his or her own negligence; you should not have to bear the burden of someone else’s mistakes. To learn more or to schedule a free consultation, visit us online or call us today!