As a parent, you likely chose a daycare for your child after meticulous research and investigation, and you expect that facility to be cautious and responsible when caring for your child. If instead, your child sustains an injury at daycare, you are likely angry and wondering how to hold the negligent parties accountable.
A Bridgeport daycare injury attorney helps parents in your predicament get justice. However, you must act quickly. Get in touch with a seasoned injury lawyer at Bert McDowell Injury Law as soon as possible after your child’s injury to explore your legal options.
Daycare Regulations in Connecticut Aim to Protect Children
The state of Connecticut strictly regulates daycare providers to ensure a safe environment for young children. Connecticut General Statutes §19a-80 requires all daycares, whether in-home or a facility, to be licensed. Additional laws and regulations in the state require daycare facilities to:
- Maintain minimum caregiver-to-child ratios that depend on the age of the children and whether the daycare is a facility or home-based
- Employ teachers and caregivers who meet minimum qualifications
- Conduct background checks on employees
- Adhere to building codes and fire codes
- Take reasonable steps to avoid transmission of infectious diseases
- Respond appropriately to emergencies
- Administer medications and follow physician orders regarding any children in their care
- Ensure anyone picking up the children has authorization to do so
A diligent Bridgeport injury lawyer like Bert McDowell can investigate to determine whether a daycare complied with all applicable laws and regulations. If not, the failure could be negligence per se. In such a case, the injured child’s family would not need to present any evidence of negligence except the facility’s failure to comply with the law.
Proving Negligence in the Daycare Setting
Even if the provider was compliant with regulations, a legal professional in Bridgeport can prove them negligent. Infants and toddlers require a high degree of attentiveness and close supervision. Any failure to provide very close attention that results in an injury to the child could be considered negligence.
A premises liability claim can be alleged from daycare incident. This asserts that the daycare owner and/or operator did not maintain a safe premises. Any daycare must ensure that children cannot access anything that might cause them harm. For example, certain entry ways should be blocked with a gate, sockets should be covered, objects should not be on the floor for long periods of time, etc.
Daycares also must protect children in their care from harm from their peers. Teachers must control violent children and ensure they do not hurt another child. When a child receives an injury from another child at the facility, parents could hold the facility responsible.
Handling Intentional Abuse by Daycare Staff
As upsetting as accidental injuries at daycare could be, sometimes children experience intentional abuse at the hands of daycare staff. Such situations can be devastating to the children, their families, and entire communities.
Law enforcement is typically involved in these cases, but it could be months or years before a criminal case resolves. Sometimes, the alleged abusers never face justice because the prosecutors do not have enough evidence to prove guilt beyond a reasonable doubt. In such cases, a civil lawsuit alleging negligence might be the only way to hold the abusers accountable.
The daycare could be liable in a civil lawsuit if a skilled Bridgeport lawyer has enough proof to convince a jury it is more likely than not that the daycare was negligent. In most cases, the facility’s business insurance will pay a reasonable sum to settle the case before it goes to trial.
Pursue Damages on Behalf of Your Child with a Bridgeport Daycare Injury Lawyer
The idea that a very young child might sustain serious injuries at daycare is horrifying to parents, but unfortunately, children are hurt at daycare with alarming frequency. Parents should do all they can to hold the negligent facility or owner accountable.
A Bridgeport daycare injury attorney can investigate the circumstances of your child’s injury and recommend the best way to proceed. You have only a short time to bring a lawsuit—so, if you are ready to discuss your situation with a committed legal professional, then Bring on Bert!