With most families having two working parents, entrusting your child's care to a daycare provider is increasingly common. In most cases, the daycare you choose will be a safe and nurturing place for your child with trained staff experienced in safe childcare practices. However, that does not necessarily mean your child is guaranteed safe from harm. Kids are rambunctious, and accidents happen, so there may come a time when your child gets injured while attending daycare. The question is, do you have any legal recourse for injuries that happen under the daycare's watch? If you believe the injury was a direct result of negligence by the daycare provider, you should consult a personal injury lawyer in Knoxville, TN, to find out if your case has merit.

Let's take a look at what happens if your child is injured at daycare and when it might be possible to file a personal injury lawsuit.

Signing a Liability Release at Daycare

The facility may ask parents to sign a daycare liability release when enrolling their child in daycare. This document would waive liability for the daycare if your child is injured. As a personal injury lawyer in Knoxville, TN, we usually advise our clients against signing this type of waiver. However, you can still pursue legal action if you have already signed a liability release and your child is injured at daycare due to their negligence.

What Can Be Considered Negligence at Daycare?

Children are always on the go, and as a result, they can get hurt pretty frequently. Even when your daycare provider is on top of all the appropriate safety measures, you can expect your child to get an odd bump to the head or a grazed knee as a result of active play. However, when your daycare provider is negligent, it can endanger your child, resulting in much more severe injuries, and that's when it is time to get a personal injury lawyer in Knoxville, TN, involved. Some of the most common types of daycare negligence include the following:

  • Leaving sharp objects such as scissors accessible to children
  • Leaving children unsupervised with small objects that could be swallowed, including legos, beads, paperclips, and other choking hazards
  • Failure to lock away toxic substances, such as cleaning supplies
  • Not maintaining playground equipment appropriately.
  • Unsafe air or water conditions (mold, asbestos, etc.)
  • Violation of local or state regulations
  • Intentional harm, neglect, or abuse

Warning Signs of Neglect or Abuse

When a child is physically injured, it is often immediately noticeable to the parents, even if they have not been informed of the injury. However, in some circumstances, daycare providers may cause harm to a child through neglect or abuse, and these can be a little more difficult to spot, especially in younger children who may not be able to communicate clearly. Some of the signs you should be vigilant for include unexplained cuts and/or bruises, consistent complaints of hunger or thirst when leaving daycare, unexplained weight loss, and reluctance to attend daycare. If you suspect that your child is being abused or neglected, it is important to contact both law enforcement and a personal injury lawyer in Knoxville, TN.

Proving Negligence in a Childcare Setting

As with most personal injury cases, the burden of proving negligence lies with the injured child's parent and their personal injury lawyer in Knoxville, TN. You must gather as much evidence as possible to support your claim. This might include the following:

  • Documentation - You will need to collate various documents for your personal injury lawyer in Knoxville, TN, including medical records and bills, incident reports from your daycare provider, and copies of any communication with the daycare provider regarding the injuries.
  • Photographs & Videos - If possible, you should obtain photographs and video footage of the incident and the scene. This may need to be obtained from the facility's CCTV. It is also helpful to take photographs of your child's injuries throughout their recovery to help document what they have gone through.
  • Witness Testimony - Try to obtain witness statements from others present during the incident. This will likely be other daycare staff, but you may also wish to collect statements from other parents who may have witnessed unsafe practices at the facility.

Working with an experienced personal injury lawyer in Knoxville, TN, who has experience dealing with daycare negligence is important. You may encounter many hurdles when trying to prove negligence, so having the right legal representation on your side can be invaluable. They can help obtain daycare records and talk with staff who may be reluctant to speak against their employer.

In conclusion, while daycare facilities are generally safe places for children, accidents and injuries can still occur. When those injuries result from negligence, parents may have legal recourse to hold the daycare accountable. If you believe your child's injury was caused by unsafe conditions or neglect, it's essential to consult with a personal injury lawyer in Knoxville, TN. They can help you navigate the complex legal process of proving negligence and securing the compensation your child deserves. Protecting your child's well-being should always be the top priority, and legal action may be necessary to ensure that daycares are held responsible for their care standards.

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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.

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