Daycare neglect is just as common as daycare abuse, and it can occur in even the most professional settings. Children require a significant amount of care and attention, and when they do not receive this attention or concern, they can end up in danger. To make matters worse, many negligent daycares manage to remain in operation for years at a time.
If you believe your child was neglected while in the care of a daycare or independent caretaker, you may be able to file a personal injury suit. By seeking financial compensation, you can stand up for your child and ensure the negligent party is punished for their actions. Filing a lawsuit may be much more comfortable with help from an attorney who understands Maryland daycare liability for accidents and injuries.
Defining Negligence
Personal injury claims, even when they include daycares and other childcare centers, are based on the legal concept of “negligence.” Negligence is defined as failing to take reasonable action to prevent a problem or injury. When defining “reasonable,’ courts often consult other individuals or companies in the same field or industry to determine what the majority of them would have done to prevent an accident.
When establishing Maryland daycare liability for accidents and injuries, an attorney and their client must prove:
- The daycare had an obligation (duty of care) to protect the child from harm.
- The daycare violated its duty of care by not protecting the child from harm.
- The violation was the legally acceptable cause of the injury.
- The injury was foreseeable by the staff of the daycare.
- The parents of the child incurred financial and emotional damages caused by the injury.
In other words, a daycare should do everything in its power to protect its children from harm or bodily injury.
How to Spot Neglect
Unfortunately, there is no foolproof way to prove all types of daycare negligence. Fortunately, there are some common signs of negligence every parent should watch out for. If a parent notices any of the following traits, their child may be experiencing daycare neglect:
- Child exhibits nervous or erratic behavior before or after attending daycare
- The child appears dirty or unkempt
- The child is frequently hungry or thirsty
- Daycare is understaffed, or staff members seem uninterested
- Dangerous objects are within reach of children
Unexplained bruises, bite marks, and scratches can also be a sign a caretaker or another child have injured a child. When a child hurts another child, more than likely, they were not adequately supervised by the adults caring for them.
Children Deserve Compensation for Their Suffering
Children who are harmed by negligent daycare staffs deserve financial compensation for their pain and suffering. Their parents also deserve compensation for any monetary damages they incur when treating an injury.
Depending on the circumstances, parents may also be able to recover damages for lost wages (if they had to take time off work to care for a child), psychological harm to the child, and any additional injury-related illnesses.
Obtaining compensation without the help of an attorney can be immensely difficult for parents. Daycares may assert the child injured themselves at home, or in some cases, were injured by their parents. Such claims can be hard to fight back against, but with the guidance and advice of a skilled attorney, it may be possible.
Learn More About Maryland Daycare Liability for Accidents and Injuries
If your child was neglected in the care of another party, you might be feeling angry, confused, and frustrated with the facility. More than likely, the person or group responsible for neglecting your child will deny any claims of wrongdoing. Denials are common, but you must remember you may be able to still get the justice your child deserves.
Talk to an attorney with a background in Maryland daycare liability for accidents and injuries to learn more.
