New York City Personal Injury Law Blog
Day Care Negligence and Child Injury
Posted on May 11, 2016 in Personal Injury
Close to 11 million kids are in various child care centers and programs across the country, including child care centers, in-home child care, and family child care homes. The American Academy of Pediatrics reports that about two-thirds of infants in the Unites States are in child care, and more than 30% of those children are in child care full time.
According to the CDC, each year, more than 200,000 children aged 14 and younger are treated in hospital emergency departments for playground-related injuries. About 45% of these injuries are concussions, internal injuries, severe fractures, amputations and dislocations. Around 75% of playground equipment-related nonfatal injuries occur on public playgrounds, with the majority at schools and daycare centers.
Parents who leave their children in professional care trust the professionals to make decisions that are necessary to protect their children.
Therefore, it is required for daycare programs, camps and nursery schools to exercise protection of the highest degree with children under their supervision. This includes taking adequate safety precautions for the prevention of all reasonable dangers. If they fail to do so, these programs can be liable for injuries to children in their care, costing them thousands of dollars in litigation or settlement costs.
Child Supervision and Daycare Negligence
However, daycare programs, camps and nursery schools are not “insurers of the safety of children.” The law requires professionals in charge to follow a standard of care that is age-appropriate for the children under their supervision and the particular circumstances they are under.
If a young child sustains an injury due to daycare negligence while under the supervision of a daycare center, camp provider or nursery school, courts apply a risk or duty analysis to check if the applicable standard of care was met by the provider. The analysis takes into consideration the child’s age and the activity in which the injury was sustained.
It then considers the duty of supervision of the program against the risk of injury. The basis of reasonable actions is formed by the standard of care for maintaining the safety, welfare and health of children engaged in a specific activity.
While examples of reasonable dangers in daycare centers, camps and nurseries vary in each state and courts, the general rule is to make sure that the risks associated with operating a child care program and supervising children is identified, and those risks are corrected. This includes the risk that toys may become unsafe with neglect or use. Staff should also check for dangers such as sharp objects, electrical hazards, and unprotected holes on the surface of the playground. Apart from physical risks, it is also vital to ensure staff supervision.
A Winning Law Firm
If your child has been injured in a daycare center due to day care negligence, you should immediately seek the counsel of the qualified and reliable personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff, of RMFW Law at 212 697 9280.
We know how to win cases. We know how to build a winning case. We have been doing this for a long time and we will continue to it since we believe in justice and integrity.
RMFW Law at 212 697 9280 – give us a call today!