Choosing a daycare for your child is one of the most challenging decisions parents face. Beyond practical concerns like hours and cost, ensuring the daycare’s safety is necessary.
Unfortunately, daycare mistakes can lead to tragic outcomes for children and families.
If a daycare fails in its duty to your child, legal action is essential to cover injury costs, secure necessary medical help, and hold the daycare accountable. A South Carolina childcare accident attorney at the CEO Lawyer Personal Injury Law Firm can offer advice, legal representation, and robust advocacy.
Contact us today to learn how we can assist you in obtaining compensation and answer key questions, including:
- What types of daycare accidents can occur?
- What are a daycare center’s obligations to parents and children?
- How can a South Carolina childcare accident attorney help?
Our Experienced Greenville Daycare Accident Attorneys Can Handle Your Case
If your child has been injured at daycare, it is important to hire an experienced Greenville daycare injury lawyer as soon as possible. While not all accidents result from negligence, the attorneys at the CEO Lawyer Personal Injury Law Firm can help determine if you have a valid claim.
We will investigate your case to identify the cause of the accident and the liable parties. We’ve successfully handled daycare injury cases involving:
- Lack of supervision
- Failure to provide nutritious meals
- Failure to implement safety measures within the daycare environment
- Caring for too many children without the appropriate license
- Inappropriate contact with a minor
- Neglect
- Physical abuse
- Emotional or psychological abuse
Our attorneys are dedicated to representing children and their families to seek justice. We will work to uncover the truth behind your child’s injuries and pursue financial compensation and justice on your behalf.
We collaborate with various experts, including doctors, child therapists, and child psychologists, to assess the full impact of the injuries on your child and your family.
Our goal is to hold those responsible for the injuries accountable and to secure your child’s and family’s future. We strive to recover maximum compensation for all eligible damages and ensure the safety of your child and others.
Contact us today to learn how we can assist you in seeking justice and compensation for your child’s injuries.
How Can Our Greenville Daycare Accident Law Firm Help?
If your child was injured while under the supervision of a daycare facility, you may have the right under Greenville law to file a civil suit against the center.
At the CEO Lawyer Personal Injury Law Firm, our dedicated legal team will thoroughly investigate the accident, the facility, and its employees to determine fault. If the daycare center’s negligence contributed to the injury, you could receive compensation for your child’s injury, including past, present, and future medical treatment and bills, therapy, and pain and suffering.
Your child’s welfare is our top priority, and our legal team has over two decades of experience fighting for the rights of children and families. Contact our Greenville childcare accident attorney today to schedule a free consultation.
Learn how we can utilize our legal experience to help you get the compensation you deserve after your child has suffered harm.
Childcare Laws and Regulations in Greenville
Understanding the laws governing childcare operators in your state helps you recognize violations that could prevent serious or fatal injuries to children.
Chapter 13 of Title 63 of the South Carolina Code of Laws establishes regulations for commercial and in-home childcare throughout the state. The South Carolina Department of Social Services (SCDSS) and the Department of Early Care and Education oversee these regulations. Specific rules define commercial childcare facilities.
The Department of Social Services has set safe staff-to-child ratios. A daycare center violates a single teacher or staff member is responsible for more children than allowed:
- Birth to one year: 1 staff per 5 children
- One to two years: 1 staff per 6 children
- Two to three years: 1 staff per 8 children
- Three to four years: 1 staff per 12 children
- Four to five years: 1 staff per 17 children
- Five to six years: 1 staff per 20 children
- Six to twelve years: 1 staff per 23 children
These ratios may be adjusted depending on the activity. For instance, teachers may supervise more children during nap time and fewer during water activities.
Who is Responsible When Your Child is Hurt at Daycare?
You entrust your child to a daycare for a safe environment and proper care when you cannot be with them. If the daycare fails to keep your child safe, it may be due to negligence.
To bring a claim against the daycare, you need to prove the following:
- Duty of Care: The daycare had a responsibility to ensure your child’s safety. Childcare facilities are expected to take reasonable steps to protect children.
- Breach of Duty: The daycare did not fulfill this responsibility.
- Injury and Damages: Your child was injured and suffered damages as a result of the daycare’s failure.
Examples of Negligence in Childcare Facilities
Children can get hurt in numerous ways, especially when they are too young to recognize danger. Here are common types of negligence seen in childcare accident cases:
- Insufficient Supervision: Caregivers not paying attention, being engrossed in their phones, or leaving children unattended can lead to accidents. For example, a toddler climbing a chair and falling could have been prevented with proper supervision.
- Poorly Trained Staff or Lack of Screening: Daycare facilities must run thorough background checks and ensure staff are appropriately trained for emergencies and other situations. Negligence occurs if the facility hires unsuitable staff or fails to provide necessary training.
- Ignoring Diet and Medication Instructions: If staff feed a child something they are allergic to or forget to administer medication as directed, it can lead to severe harm or hospitalization.
- Unsafe Objects Within Reach: Cleaning products, sharp objects, or small items that can cause choking should not be accessible to children. Negligence occurs when these hazards are left out.
- Neglected Equipment or Toys: If a child is injured due to old or poorly maintained equipment, such as a rusted swing set or expired car seats, the daycare may be held liable.
- Lack of Hygiene Practices: Daycare centers must frequently sanitize surfaces and help young children with hygiene practices. Failure to do so increases the spread of illnesses.
- Environmental Issues: Problems like asbestos, mold, or contaminated water can cause health issues. Parents may notice symptoms improving when the child is away from the facility.
- Premises Liability: Inadequate security, failure to clean up spills, or unmarked exits in the event of a fire are examples of premises liability that can lead to injuries.
Holding a daycare accountable for negligence is important to ensure the safety of children and to seek compensation for any injuries sustained.
What Types of Daycare Accidents Cause Injuries to the Children?
Children can get hurt in various ways at daycare. These facilities are responsible for maintaining a safe environment, but accidents can happen when they fail to do so.
Common types of daycare accidents include:
- Falls: Falls can occur anywhere, such as on the playground or from a changing table.
- Entrapment: Fingers or other body parts can get stuck in doors or drawers.
- Ingestion of Hazardous Substances: Children may consume dangerous or poisonous products.
- Lack of Supervision: Fights with other children due to insufficient supervision.
- Bathroom Accidents: Incidents resulting from a staff member’s negligence.
What Damages Can You Be Compensated For?
Your child’s welfare is our top priority, and we are committed to helping you recover all the damages you have suffered. The compensation available to you depends on the specifics of your case, but common damages include:
- Medical Costs: Coverage for your child’s medical treatment from the time of the accident, including any future treatment needed as a result of the accident.
- Therapy: Many children suffer psychological trauma from accidents and benefit greatly from therapy sessions.
- Accessibility Modifications: If your child becomes disabled due to their injuries, you may need to modify your home and vehicle to accommodate their needs.
- Pain and Suffering: Compensation for the pain your child has endured, any loss of enjoyment of life, or changes in their behavior.
At the CEO Lawyer Personal Injury Law Firm, we understand that your children are the most important people in your life, and their welfare is paramount.
Do not hesitate to contact us, even if you are unsure about your situation or whether you have a viable case. Our consultations are free, and if you do have a case, we will not charge you anything until you receive your settlement or a favorable verdict in court.
There is no risk to you.
What Causes Injuries to Children While at Daycare?
The primary cause of injuries to children at daycare is inadequate supervision by caregivers. While distractions can happen, it is inexcusable when they lead to serious injuries for your child.
Maintaining the appropriate child-to-staff ratio is important to ensure that caregivers are not overwhelmed and can provide adequate attention and care. Exceeding this ratio compromises safety.
For example, if a caregiver is distracted by their personal phone, they can be found negligent in their duty to provide a safe environment.
Children left unattended are at risk of several dangers, including:
- Falling: Children may fall from playground equipment, changing tables, or other heights.
- Climbing and Falling: Climbing on furniture or other structures and falling from dangerous heights.
- Pulling Objects Down: Children may pull objects or hot liquids, such as a caregiver’s coffee, onto themselves.
- Entanglement: Children can become entangled in cords or wires, leading to the risk of strangulation.
Ensuring constant, attentive supervision is essential to prevent these types of accidents and injuries at daycare.
How Can You Protect My Children From Abuse or Accidents at Daycare?
Ensuring the safety of your child in someone else’s care is challenging, as you can never completely guarantee it. However, there are steps you can take to reduce risks and protect your child:
- Research the Facility: Thoroughly investigate the daycare, meet the staff, and observe their interactions with other children. Many daycares now have cameras with video access for parents, which can be reassuring but not foolproof.
- Stay Vigilant: Always be alert for any signs of abuse or neglect. If your child suddenly shows fear about going to daycare or if staff attitudes change noticeably during drop-off and pick-up times, take note.
- Monitor Staff Stress: Regularly observe caregivers for signs of chronic stress or frustration. While everyone has bad days, consistent negativity or exhaustion can indicate understaffing or overwork, which may lead to inadequate care.
- Watch for Behavioral Changes: Pay attention to your child’s mood when dropping them off versus picking them up. Unexplained changes in behavior, inappropriate comments, or regression can be signs of mistreatment, possibly including bullying.
- Monitor Eating Habits: Unusually large appetites may suggest that your child is not getting enough food at daycare. Ensure the daycare complies with Greenville laws requiring food provision every four hours.
- Engage with Your Child: Regularly ask your child about their day, who they played with, their activities, and their caregivers. Encourage open communication to make it easier for them to share any issues.
- Check Camera Feeds: If the facility has cameras, randomly check the video feeds daily. Observe interactions between your child, other children, and caregivers.
- Watch for Physical Signs: Look for unexplained bruises, scratches, burns, diaper rashes, and soreness. These could be signs of maltreatment beyond normal childhood bumps and scrapes.
- Be Extra Vigilant with Infants: Ensure your baby is clean and rested when picked up. Educate yourself on the signs of Shaken Baby Syndrome, such as breathing difficulties, excessive irritability, trouble staying awake, vomiting, pale or bluish skin, seizures, coma, paralysis, or loss of appetite. Contact your pediatrician immediately if you notice any of these symptoms.
We’ll Fight for Your Child’s Wellbeing – Call Now!
If your child has been hurt while at a daycare you trusted, seek legal counsel as soon as possible. Our team of Greenville daycare injury attorneys can help you understand your rights and demand the compensation your family is owed.
We are dedicated to providing the highest quality legal representation, backed by decades of collective experience, ensuring your case is prepared for any challenge. Your first consultation is free. Call our law firm today at (864) 664-3865 to protect your child’s wellbeing and secure the justice your family deserves.
FAQs
- What should I do if my child is injured at daycare?
If your child is injured at daycare, seek medical attention immediately. Document the injury, report the incident to the daycare, and gather any evidence. Contact our Greenville daycare accident lawyers to understand your legal options.
- Can I sue a daycare for my child’s injury?
Yes, you can sue a daycare if your child was injured due to negligence or unsafe conditions. A Greenville daycare accident lawyer can help you evaluate your case and guide you through the legal process.
- What compensation can you receive for a daycare injury claim?
Compensation for a daycare injury claim may include medical expenses, pain and suffering, lost wages (if you had to take time off work), and any other related costs. Our experienced lawyers can help determine the potential compensation in your case.