What to Know About Daycare Negligence in New York

What to Know About Daycare Negligence in New York

When parents sign their children up for daycare, they are entrusting the daycare and its employees with their children. This is an extremely difficult thing to do, as parents are often protective over their children, especially at such a young age. So, when daycare negligence occurs, parents often want to take legal action. Read on to learn more about daycare negligence, what constitutes negligence, and what to do if it occurs.

What Constitutes 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 occurs. 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 a 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?

If you wish to pursue legal action for daycare negligence, you will have to fulfill the burden of proof. Some of the things you may have to provide proof of include:

  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

In order to gather this proof, you may need the help of a skilled personal injury attorney. Daycare negligence is serious and we are here to advocate for you. Contact our firm to speak with an experienced and dedicated attorney.

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!