When you drop your child off at daycare, you assume that they will be appropriately cared for until you can return to pick them up, and this is how it works for the overwhelming majority of parents each weekday. However, for a small minority, they get a call that they hoped they’d never have to receive, one informing them that their child was injured while at daycare.
We understand that kids will be kids and it’s not uncommon for them to pick up bumps and bruises along the way of life, but if negligence or abuse led to their injuries, you will have compensation options. Below, we take a closer look at how you can pursue compensation in the event that your child is injured at a Minnesota daycare facility.
Getting Compensation For Daycare Injuries
Daycare centers typically have parents sign a contract prior to enrollment that covers a number of different aspects pertaining to the child’s care. One aspect that is usually covered in a daycare contract is liability. You’ll likely read this part over carefully, but odds are it is your typical liability waiver that states that you will not sue the daycare center in the event that your child is injured. This type of waiver usually covers some more general injuries stemming from natural circumstances. For example, if your kid falls and hits their head on a toy, or they jump off the monkey bars and sprain their ankle, you probably can’t take the daycare facility to court for their injuries.
However, these waivers do not completely absolve the center from all liability, especially if abuse or negligence was involved. They may try to tell you that you have no legal recourse because of the contract you signed, but that is not for them to decide, and a waiver can’t protect them from negligence or abuse. If you suspect that either played a role in your child’s injuries, here’s what you need to do:
1. Get Medical Attention – Take your child to a medical facility and have their injuries professionally documented. An official medical record is necessary if you will be pursuing compensation.
2. Video Evidence – A number of daycare centers have cameras recording some of the main areas of the facility. Make sure that you contact the center to review the footage. Perhaps the footage shows an unpreventable injury, but perhaps it highlights negligence or oversight. Ask for a copy of the footage, or request that the incident footage be saved.
3. Witness Information – If any adults witnessed what happened, get their contact information.
4. Ask Your Child About The Incident – Ask your child about what happened, and write down the key points of their story. Details of the incident may be more likely to fade from their memory, so ask them about the incident shortly afterwards when they feel comfortable talking about it.
5. Reach Out To A Lawyer – Finally, take all of this information to a personal injury lawyer like Dean Margolis. You are going to have an uphill battle on your hands because the daycare center’s insurance provider will have lawyers on their side, and it can be difficult to know exactly what happened if it wasn’t caught on tape and you’re relying on a child to tell you what happened. Let a lawyer use all this evidence and their expertise with the injury claims system to put together a strong case that gets you and your child the compensation they deserve for their injuries.
We understand that pursuing compensation for injuries suffered at a daycare facility can be a highly emotional issue for many parents. You will likely be angry that the place you trusted to care for your child failed to uphold this duty, but these emotions can affect your judgment and hinder your ability to make the right choices for your case. Connect with a lawyer and let them handle building and fighting your case while you focus on the health of your family and your child. We’ve done it for numerous clients in the past, and we can do the same for you.
For more information or for help filing a daycare injury claim in Minnesota, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.