Legal Principles ThatMake Daycare Centers Liable for Children’s Injuries

| Feb 8, 2019 | Firm News |

If your child receives an injury in a daycare center, you have the legal right to seek compensation from the center. Base your compensation claim on the right legal principle to boost your chances of success. Here are some of the legal principles that may apply to daycare accidents.

Inadequate Supervision

Supervision is often a common theme when children sustain injuries in daycare centers. Inadequate supervision applies when a daycare center doesn’t provide the appropriate number of staff to supervise and keep the children safe. For example, Louisiana requires one provider/staff for every eight children who have attained the age of 18 months .

Say two staff members have to take care of several dozen kids. One kid can easily sneak out of the daycare and get into an accident. If such an accident befalls your child, then you can use inadequate supervision to hold the daycare responsible for your child’s injuries.

Negligent Supervision

Unlike inadequate supervision, negligent supervision applies when the number of staff members is just right, but they fail to supervise the kids correctly. Maybe the staff members are not keen on their work, are apathetic about what happens to the kids, or were just absent-minded at the time of the accident.

For example, kids can suffer serious injuries if they use a trampoline more than one person at a time. Therefore, if supervisors at a daycare center allow multiple trampoline use, the supervisors (and by extension the daycare center) could be found guilty of negligent supervision.

Negligent Hiring and Retention

Children don’t know how to protect themselves properly. Not only that, but kids are also more susceptible to accidents than adults are. All these reasons mean kids need the right people to take care of them at all times. If a daycare center lets the wrong people take care of your kid, you can use negligent hiring and retention to hold the daycare liable for injuries your child might suffer.

For example, a negligent daycare center might hire someone unqualified to take care of the kids. In such a case, the negligent hiring and retention make the daycare liable for injuries the unqualified worker might cause the children.

Negligent Per Se

Negligent per se rules hold when a daycare center does something illegal, and the illegality causes harm to a child. In such a case, you don’t have to prove that the daycare center owed your child a duty and breached that duty. You have to prove that the center did something illegal and your child sustained injuries as a result.

For example, if a daycare center breaks the law when it hires staff members who have not attained the age of 18. If such a staff member was in charge of your child when the child got hurt, then you can use negligence per se rules to hold the daycare liable for your child’s injuries.

Premises Liability

Premises liability is a legal concept that holds premises owners or occupier for injuries that may arise due to defects or unsafe conditions on the property. The concept holds as long as the defect or unsafe condition was something the property owner or occupier should have foreseen and corrected.

In a daycare center, something like slippery floors or damaged stairs may trigger premises liability claims. Premises liability claims may also arise due to insufficient security. For example, you may use premises liability to seek damages if someone breaks into the daycare center and harms your child.

The above are just a few examples of legal principles you can use to seek damages for your child after a daycare accident. The circumstance of the accident dictates the path you should follow to get compensation. If your child has suffered such an accident, contact St Martin & Bourque to help you lodge a legitimate claim against the daycare and get the compensation you deserve.