Who Is Responsible When My Child Is Injured Under Someone Else’s Care?

For parents of young children, preventing child injuries is almost always top of mind. But the reality is, a parent isn’t present 24 hours a day, 7 days a week. Children are often left in the care of others, such as at daycares, schools, day camps or sleep-away camps, and during extracurricular activities. Unfortunately, children aren’t immune to injuries while away from the watchful eye of their parents.

It’s important that if your child is injured while under the care of another, you are prepared to handle the situation. Proper preparation will help you avoid confusion and frustration if an injury does occur. This is why it is extremely important that parents understand who is responsible in the eyes of the law.

Was your child injured at daycare?

It’s all fun and games until someone gets hurt, but who is responsible? There may be several reasons your child suffered an injury at a daycare center. Anything from negligence to abuse, daycare centers may be held responsible for their violations. Depending on the situation, you may need to prove negligence against the center operators.

Child injured by another child

Caregivers have a responsibility to keep your child safe while in your care. That is, after all, why you hired them. While there are some age-appropriate boundaries that will be pushed in any social setting for children daycares have a responsibility to keep an eye on children with overly aggressive personalities. For example, caregivers should keep a close eye on children known for pushing other children. If that child pushed another off a slide resulting in traumatic brain injury, the caregiver and the daycare facility could be held liable for improper supervision. If another child injured your child at daycare then it is possible you have a legal claim against the facility. Contact a Child Injury Lawyer to discuss your case. 

Liability waivers

Some daycare centers may have you sign a waiver in the event that your child suffers an injury in their care. However, this waiver may not dismiss the facilities legal responsibilities to care for your child. For example, if your child suffered an injury on poorly maintained playground equipment, the daycare facility may be responsible for medical bills and other damages.

Was your child injured at school?

You trust that your child’s school will provide a safe environment for your child to learn but that isn’t always the case. Schools are responsible for providing a safe atmosphere for your child to learn. Teachers, recess and lunch monitors, bus drivers and crossing guards all serve a purpose: to ensure the safety of the students. If your child is hurt at school or while participating in a school-sanctioned activity, determining responsibility can be tricky. Even if the school or a school employee wasn’t directly responsible for your child’s injury, the school district might still have legal responsibility.

Slip and falls

A slip and fall at school could be caused by anything from wet substances on the floor without a warning sign to faulty equipment. Falls are a common occurrence on school playgrounds. The manufacturer could be held liable if poorly designed equipment is the cause of your child’s injury. 

Sports injuries

School sports and kids are almost synonymous these days. But with so many children participating in school sports, there are bound to be injuries. Many schools require a waiver and a physical exam before a student can participate in any school team. This is to ensure that the child is healthy enough to participate in the activity.  Typically, if a child is injured while participating in a school sport, the parents must prove that the injury was caused by the negligent, reckless or intentional conduct of another participant, a coach or a facility owner.

School bus accidents

Although riding the bus to school is still considered the safest way for a child to get to and from school, accidents do happen. School bus accidents may cause serious and sometimes fatal injuries. According to the NHTSA in 2017, more than 1,000 fatal motor vehicle traffic crashes involved school transportation. Over three hundred of these victims were school-age children, under the age of 18. Depending on the nature of the crash, or the underlying cause, the driver, the district, the school, the bus company, the bus manufacturer, or the driver of another vehicle may be held responsible for the injuries caused.

Bullying

Bullying is a very serious matter that shouldn’t be taken lightly. There are legal consequences to bully that need to be considered when a young child is hurt. If your child is being bullied at school, there are steps the school and the district need to take to ensure their protection and safety. If the school or district does not provide a reasonable solution, you should speak to an attorney about pursuing legal action.

Food allergies

With 1 in 13 children having a known food allergy, it’s important to alert your child’s school administration of their condition. There are state and federal laws that require school districts to accommodate every student with a food allergy. These laws exist to minimize the potential for an allergic reaction that could cause severe injury or death. If your child is injured but an allergic reaction that should have been prevented, you may have legal options.

Was your child injured by a babysitter?

You put so much effort into finding the right babysitter for the occasional night out that when you get the call that your little one was hurt and they’re at the ER, you’re shocked. How could this have happened? There is no doubt that the babysitter was negligent while taking care of your child. However, there are some things to consider if you’re thinking of taking legal actions. While some professional babysitting services have insurance that covers the babysitter in case of emergencies, that isn’t always the case. When hiring a babysitter it’s always good to ask for recommendations. Always check to see if they have any credentials, or if they have first aid training.

What are Common Child Injuries?

Child injuries can lead to lifelong disabilities. Unintentional injury is the leading cause of death in children and teens in the United States. According to the Centers for Disease Control and Prevention (CDC) an average 12,175 children 0-19 die from unintentional injuries in the United States. Click To Tweet The most common child injuries include:

  • TBIs
  • Fractured bones
  • Soft-tissue injuries
  • Allergic reactions
  • Drowning
  • Poisoning
  • Burns
  • Suffocation
  • Falls

If your child has suffered an injury, contact The Carlson Law Firm for a free case evaluation.

How The Carlson Law Firm Can Help

The Carlson Law Firm maintains a team of professionals that includes more than 40 experienced lawyers. In addition, our firm has full-time registered nurses and three investigators to help your case.

Along with our in-house staff, we also have strong relationships with other experts, as well as photographers and videographers who help document the evidence you need. Establishing negligence is key to the success of any case, and we have more than enough skill and resources to do just that. We are available to speak with 24 hours a day, 7 days a week.

If your child was injured while under the care of another, it’s important that you discuss your legal options with a team of skilled child injuries lawyers as soon as possible. Contact our firm today for a free consultation. We care, we can help.

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