Representing Parents of Children Injured in Daycare Facilities in Rochester & Twin Cities Metro
Parents often turn to daycare providers when it comes to childcare. Entrusting a daycare provider to protect your child’s wellbeing is at times beneficial, especially if it’s time to go back to work following childbirth. However, what seems like a “safe place” may turn out to be a danger zone for your child.
Put briefly, your child may end up suffering injuries, pain, or abuse even after finding a trustworthy daycare provider to protect your child’s wellbeing. Such an unfortunate event is often accompanied by unforeseen doctor visits and an additional financial burden on you and your family.
As a parent of a child who has suffered a daycare injury, it is important to understand the legal implications and how a daycare injury attorney in Minnesota can help you.
The Law in Relation to Childcare Providers
Children are often considered one of the most vulnerable members of society. As such, the legislation governing childcare providers is coined in a way that ensures the best interest of the child is upheld.
For instance, childcare providers are required by state law to carry liability insurance or notify parents in writing if they do not have coverage. In addition, Minnesota Statute 245A.152 provides a mandatory requirement that licensed childcare providers notify their clients in writing every year when the insurance policy is renewed. They are also required to notify the parents or guardians of the children annually if they (the provider) don’t have insurance coverage.
Insurance coverage comes into play to help compensate you and your child for any medical expenses in the event that your child suffers any daycare abuse or harm. Family daycare operations often do not meet the licensing requirements of more formal daycare centers, and care should be taken to make sure insurance coverage is in place before choosing a daycare option.
Licensure is another fundamental requirement for all childcare providers. This requirement establishes the childcare provider’s duties and responsibilities, which often become important when establishing liability in a lawsuit.
Day Care Accidents
Legally speaking, daycare providers owe a duty of care to children. In other words, they are responsible for any injury or harm that may arise in the daycare environment if they fail to exercise due care for the safety of the children.
Accidents happen to be the leading cause of injury in many daycare environments. Although some are unavoidable, others are avoidable. Avoidable accidents often occur when the daycare workers were negligent in their duties, such as failing to supervise, monitor, or prevent dangerous conditions that the children become exposed to. Providers should also be vigilant to address any injuries or harm that comes to a child, inform the parents and seek medical attention if necessary.
If such an incident occurs, you have a right to file a claim against the daycare provider. An attorney will help determine if the negligence by the daycare providers constitutes a violation of the law and help you bring a claim for negligence.
Daycare abuse is another form of harm to your child. A child who suffers abuse from a caregiver may have a hard time maintaining a good relationship with other adults and their friends. As such, you may incur medical costs and other expenses related to safeguarding the physical and mental well-being of your child.
In the unfortunate event of daycare abuse, you need to contact a lawyer who will evaluate your options.
How can an Attorney Help?
If your child suffers daycare abuse or a daycare accident, you need to ensure you have an attorney by your side before taking the next step. An attorney can help:
Establish that the daycare center owed a duty of care
A claim of negligence must establish that the daycare owed a duty of care to the child. Due care is the standard of care that most daycare facilities are held to. Oftentimes, it is difficult to establish that the daycare facility failed to exercise due care to prevent injury.
However, an attorney can gather evidence to support your assertions. This is by proving that the daycare facility failed in its duty, which resulted in a preventable accident.
Having established a duty of care, your attorney will help prove that the workers in the daycare are at fault. Often your attorney sets out to prove that certain precautions weren’t undertaken or that there is a fundamental breach of the daycare’s license.
Proving daycare accidents and abuse due to the care provider’s negligence isn’t straightforward. As such, it is imperative to have an attorney -with vast experience – to help you navigate through the legal process.
At Patterson Dahlberg, we seek to help our clients build a strong case for either trial or settlement. Contact us today for a free case evaluation.