The childcare services market in the United States is a thriving industry. In 2023, it had an estimated size of $61.7 billion. Even now, this sector is growing at a CAGR of 5.86% and will continue to do so till 2030.
Parents send their little ones to daycare centers for a variety of reasons. In most cases, both parents work outside the home and need third-party care and supervision for their child. Such centers extend their care services to children ranging between the ages of 6 weeks and 18 years.
Parents wish to obtain peace of mind and reassurance that their child will be well taken care of during their absence. Though daycare centers must be places marked by socialization, safety, and learning, things can go south. One persisting problem is that of the child sustaining some form of injury while at the center.
Should such an unfortunate incident occur, what is the best recourse parents can take? In this article, we will discuss your child’s rights in light of daycare center injuries.
Daycare Center Injuries Are Not Unheard Of
In case you were wondering whether daycare center injuries are common, the short answer is yes. A lot of such cases involve minor bruises or cuts that happen unintentionally. Since 2014, the Federal government has required all daycare centers across the US to report the number of children dying or suffering injuries in childcare programs.
Serious injuries or deaths are often the result of abuse. It is believed that childcare in the US is largely safe with such numbers existing in single digits only. However, it may also be possible that some states do not provide accurate annual data to the Fed.
The Federal Office of Child Care’s 19th annual analysis found that eight states were not showing full compliance in the matter. These included California, Delaware, Kansas, Nevada, etc. Others like Missouri, Arkansas, and Nebraska shared incomplete data.
A dozen of them failed to meet childcare safety standards. It may be challenging to know for sure but the truth is that daycare center injuries happen. According to TorHoerman Law, some of the common injuries parents complain of include head trauma, slip-and-fall, and harm caused by other children.
These injuries become a major problem when factors like dangerous premises, negligence, and child neglect are involved. In any case, the daycare center must be taken to task to ensure similar incidents do not occur in the future.
What Should Be Your First Steps?
Suppose you observe that your child has some unexplained bruises or cuts. Perhaps they have brought such injuries to your attention. Do not take matters lightly and dive straight into the daycare center’s accident and injury policy.
It will most likely consist of details on who to consult should you suspect a problem. Let’s look at some of the possible first steps you as the parent can take for your child’s safety.
Medical Treatment
The first step will always involve providing your child with medical support. Indeed, this will largely depend on whether the daycare center informs you of the accident.
If you receive a message or phone call regarding any injuries, ask about how badly your child was injured and the treatment they’re being given. If you suspect that details are being hidden, visit the daycare center to see the injury for yourself.
It is natural to worry whether your child is being given the proper treatment. Hence, there is nothing wrong with calling for an ambulance to the daycare center just to be on the safe side.
Documentation of Injuries
After the step of awareness comes that of documentation. As mentioned in the previous section, states ought to comply with the daycare center reporting requirements of the government. Even if your state does not comply or has shared incomplete data, you as the parent have the right to inquire after a full report of your child’s injuries.
Suppose the daycare center shares no incident report with you. In such a case, you can try gathering relevant details from third parties, including the ambulance, police, and more. Parents must closely monitor their injured child because children often fail to articulate clearly how and when the injury occurred.
Consultation with an Attorney
Your child’s rights do not end with medical attention. Therefore, the third step is to contact a reliable personal injury attorney for fair monetary compensation. Based on the unique case, an attorney will educate you on your legal rights, the steps that need to be taken, relevant filing deadlines, and more.
Your lawyer will first conduct a deep investigation to understand all aspects of the incident. They may draw out such strong evidence against the daycare center that the latter seeks early settlements instead of a trial.
Who is Held Liable for Daycenter Injuries?
To protect your child’s rights, another important thing to know is the potential parties that may be held liable. There could be more than one defendant involved in daycare center injuries, as listed below.
- The daycare facility is the most commonly liable party, responsible for exercising reasonable care towards the child.
- Specific members of the daycare center can also be sued depending on the circumstances, facts, and evidence of the case.
- Sometimes, certain third parties may ultimately be held liable for the child’s injuries. An example would be the child getting hurt from a swing on the playground that turned out to be defective. Here, the manufacturer of that swing may be held responsible for the injuries.
The Next Friend Rule, Compensation, and Time Limits
Though it may be clear that your child can be protected against further risks through legal support, we would like to emphasize the next friend rule. This rule is practiced by courts so that third parties having their interests vested in the child can represent the latter in court.
In the case of daycare center injuries, this rule applies to the child’s parents or guardians. Compensation can be given for a variety of damages, much like any other personal injury claim. These may include medical visits, hospitalization expenses, treatments or surgeries, therapy, and medication.
Once the compensation has been awarded, the court may order the creation of a trust for the child. It would hold the awarded money until the child turns 18 years old. Other than this, some amount may be allocated for the parent or caregiver.
Furthermore, any claims against childcare centers must be initiated at the earliest because there may be time constraints involved. This time limit varies by state. Once it has passed, you may be unable to file a claim against the responsible parties. Memories fade over time and hence, the sooner you bring matters to the court’s notice, the better.
We believe this guide has shared the crux of supporting your child for any issues arising from their daycare center’s side. As of 2023, the US housed around 92,786 licensed daycare centers. This number is based on the data shared by 41 states. Between 2022 and 2023, the numbers have risen by 1.3%.
Overall, it is quite safe and beneficial to have your child in a trusted daycare center. However, unforeseen events occur and when they do, you can help protect your child’s rights and welfare.