As a working parent, you need a place where your child is safe and eases your worries about how they are treated when you are not around. The last thing you want is to face a situation where your child is injured and the legal responsibility of the daycare facility is questionable. An Ocala lawyer can help you determine who was at fault for your child’s injuries.
Consulting with a lawyer is worthwhile so you know whether to file a claim to recover compensation for your child’s medical treatment.
Duty of Care
A daycare facility owes a significant level of care when supervising children’s activities. Staff should engage children in activities that not only are safe, but also age appropriate. If not, situations can lead to several ways of holding the facility responsible for your child’s injury.
One way is proving negligence if thee daycare failed to exercise required care to prevent a foreseeable injury. The amount of duty of care expected depends on specific circumstances that led to the injury.
Supervision of children is a primary reason the daycare facility is open. If staff at your child’s facility were negligent in supervising your child, the facility could be held responsible for negligent actions.
Signs of Negligence
Some signs that show the daycare facility is negligent includes:
- Low caregiver/children ratio
- No safety standards
- Lack of first aid tools
- Poor access to food and water
It is important to consider whether you signed release forms or waivers when you enrolled your child. These documents might have stated that you cannot sue the facility if your child is injured while in their care.
However, courts will typically state it is against policy for daycare facilities to remove a parent’s right to receive compensation. A lawyer can help you clarify the legal rights you and your child may have if you signed such documents.
Document the Injury and Incident
Proper documentation of your child’s injury and circumstances that led to the injury is necessary for filing a claim. Be prepared to show the type of medical treatment they received. Working with a lawyer, you may receive a settlement that helps to ease the pain of a bad situation.