When Children are Injured at Day Care or School

March 4, 2020

No parent can supervise their child 100 percent of the time, so it is necessary to entrust their care to others in times of need. For families with working parents, it can start when the child is an infant and can last well into their teenage years. The youngest children may be the most vulnerable, but kids of all ages can get seriously injured while in day care or at school.

Causes of Day Care Injuries and School-Related Injuries

One of the most common reasons for these injuries is negligent or inadequate supervision by those in charge. When a supervisor is not paying attention, unfortunate things can happen unexpectedly; this includes one child striking another, not responding quickly enough to a slip and fall accident, and not countering unsafe conditions, like ice on the ground.

Other causes include improperly maintained or a defective playground, defective sports equipment and toys, and not enough staff to watch over the pupils, and injuries incurred while playing sports.

Proving Fault

In order to take legal action against a child’s day care or school for a personal injury, it must be shown that the provider is legally responsible. There needs to be evidence proving that the provider violated an obligation to the parent and child, and that this violation led to the injury. Other requirements include establishing that the provider should have foreseen that the injury could occur as well proof of negligence.

Gathering evidence should begin as soon as possible after the injury and can include photographs of the victim and the scene, medical records, and witness testimony. It may also be possible to get security footage, and it is also a good idea to take follow-up photographs of the child’s healing process.

Even if the parents or caregivers had signed a liability waiver, the provider may still be held liable for an injury that happened on their premises, also known as premises liability. Those who sign these waivers are not barred from taking legal action against the provider for a day care injury. Most courts will not hold these waivers valid when there is an injury.

State and Federal Regulations

There are state and federal laws in place to protect children who attend day care centers and schools. Each state also has a government agency that regulates day care providers. For example, Pennsylvania case law uses premises liability law to develop a cause of action for personal injuries when children are hurt on school grounds. This could apply to unsafe conditions within the school grounds.

According to 55 PA Code Section 3270.21, day care centers should not have any conditions that could pose threats to children’s safety or health. There are also regulations for the minimum staff-to-children ratios in day care centers. Another law focuses on state inspections; if a provider has not met state requirements and was issued a citation, the victim’s family may be able to make a prima facie claim, which presumes that previous negligence led to the injury.

Delaware County Personal Injury Lawyers at Eckell Sparks Help Children Who Were Injured at Day Care or School

There is nothing more important than your child’s health and safety. If your child was injured at day care or school, you may be eligible to collect compensation for their injuries. Our remarkable Delaware County personal injurylawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. will help protect you and your child’s rights. Contact us online or call us at 610-565-3701 to schedule a free consultation. With offices located in Media and West Chester, Pennsylvania, we also serve clients in Delaware County, Chester County, and Montgomery County.