Proving Negligence

In order to prove negligence caused your child’s injuries, you must show that the daycare facility failed to exercise safety measures that could have prevented the injury to your child. The main factors of this includes the cause. What caused the injury? Inadequate supervision? Negligent supervision? Dangerous equipment? Unsanitary conditions? Tripping over a hazard?

Daycare Release Forms

Just because a parent signs a release or waiver of liability at a daycare, does not mean the facility is still not responsible. Most release forms and waivers have language that allows the daycare provider to authorize emergency medical care for your child if you can’t be reached. However, this is not in the best interest of the child.
Plus, these forms usually have a section that says you give up the right to sue if anything happens to your child. However, this clause also means the facility has a responsibility to pay you for any harm to your child. Almost all daycare lawsuits have ruled in favor of the parent. The court says that it is against public policy to relieve the daycare providers of liability after an injury.

After an Injury

After a daycare injury, collect as much information as possible. Get a thorough medical evaluation. If your pediatrician isn’t available, go to the ER. Make sure to let the medical staff know this injury happened at the daycare. Then, take photographs of the injuries. Afterward, make sure to collect your own witness statements. Make sure to get the witnesses to write down their accounts along with a signature and date to their statements.
It is also important to keep copies of records and bills of any treatments your child receives. This includes emergency care, medical treatment, dental care and even mental health services. Also, keep track of your mileage and parking fees when taking your child to appointments.