What to do Following a Daycare Injury in Maryland

For the overwhelming majority of parents, their child always comes first. No one wants to deal with the prospect of picking up their child from daycare and discovering they were injured by someone they entrusted them with. Unfortunately, this does happen, but there are measures parents can take to ensure their child receives the justice they deserve.

If your child was injured while in the care of another party, you may be entitled to compensation for your ordeal. Reach out to a compassionate daycare negligence lawyer today. Abuse and neglect have no place in a daycare or preschool, and the following information may be helpful if you do not what to do following a daycare injury in Maryland.

First Steps Following a Daycare Injury

When a person notices a child has been injured at daycare, a feeling of sheer panic can quickly set in. Most parents wonder if they should consult an attorney, contact law enforcement, or confront the caretaker directly. Such confusion is normal, but there are measures parents must take before deciding on a plan of action.

Parents should immediately take their child to the doctor after noticing an injury. The injury could be more extensive than it appears, and a medical professional can help parents understand if an injury was caused by abuse or neglect. Photographs of the injury will also come in handy; just be sure to take them in their original state.

After taking photographs, speaking with their child, and seeking medical treatment, parents should seek out any potential witnesses. They should speak directly to the daycare staff and attempt to find out the cause behind the injury.

An experienced attorney could assist parents in a variety of ways. They could obtain evidence, provide valuable legal advice and guidance, and act as an advocate on behalf of parents and their children. Since many daycares and caretakers wish to avoid negative press, they may even be willing to settle without going to court.

Proving a Daycare is Responsible

Regardless of the circumstances surrounding the injury, parents and their attorneys are still tasked with proving the daycare is directly responsible for an injury. This can be difficult, however, if the four conditions below are met, the daycare may be responsible:

  • The daycare provider owed a duty of care to the injured child.
  • The breach of duty caused the child to sustain the injury in question.
  • The injury could have been foreseeable to the caretaker. The injury is not an anomaly.
  • The is some proof the daycare caused the injury to the child.

The proof is immensely important, so parents and their attorneys should compile as much as possible.

Waivers of Liability

Just because a parent signs a waiver of liability, it does not mean the facility will be totally free of liability if an injury occurs to their child. Most waivers include an indemnity clause, which frees the daycare of any liability in the event of an accident. The clause also usually prevents the parent from suing the daycare after an accident, but it does not prevent the parent from seeking compensation the child is injured.

Many courts do not take liability waivers seriously, primarily because such waivers give daycares the right to behave negligently without any thought of repercussions. Most courts simply view waivers as a deterrent to frivolous litigation.

Learn What to do Following a Daycare Injury in Maryland

If a parent believes their child was injured in the care of another person, they have a right to be angry. However, this anger must be put to use, and parents of injured children must take legal action at their earliest convenience. If they wait too long, they may not be able to seek compensation for their child.

Learn what to do following a daycare injury in Maryland by contacting an attorney.