Who is Liable When a Child is Injured in Daycare or with a Babysitter?
Posted on April 13, 2016
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In the event that your child suffers an injury under the care of a babysitter or daycare center, the first thing you’ll want to do is confirm that your child is okay. But that concern will quickly turn to anger if you think the childcare provider has been negligent.
We all want the best for our children and should feel confident that they will be taken care of when we leave them in the hands of caretakers whose job it is to watch out for them. Unfortunately, negligent conduct is not unheard of and the consequences can be dire.
Are Daycare Waivers Valid in the Event of an Injury?
Nearly all daycare providers require parents to sign waivers of liability before enrolling a child into care. These releases grant provisions for emergencies when the care provider must get medical attention for an injured child when the daycare center can’t contact the parents fast enough.
Other sections of the release typically include indemnity clauses stating that the parents forfeit their right to sue in the event that a child is hurt while in their care. However, this does not mean parents have signed away their right to compensation if their child is injured.
The courts have said that it’s against public policy to grant immunity to daycare centers before a child is hurt, as this could allow daycare centers to act negligently without consequence. Especially since the victims in question are innocent and defenseless children, the courts cannot condone a waiver that lifts responsibility from the daycare center.
Therefore, although parents sign a clause not to press charges in the event of injury, in a court of law, this clause is completely useless. Daycare centers continue to include it in their waivers to discourage parents from filing claims, but informed parents know that this is just a bluff, and if their child is injured, they have a right to file a lawsuit for compensation.
Understanding the Rules of Child Abuse and Neglect
If your child is hurt while under the supervision of a daycare center, babysitter, or another person who was responsible for their care, you may have a case of negligent supervision. In these cases, any person who has accepted responsibility for your child but acts carelessly or inattentively can be sued for negligence.
To prove a case of negligent supervision, you must have evidence that the person or organization accepted responsibility for looking after your child. Then, you must prove that the caregiver did not properly monitor your child. You will have to prove that your child’s injury was foreseeable and preventable, and that the supervisor’s failure to monitor your child properly was the cause of the injury.
There are extreme cases of child abuse while in the care of a responsible party, including hitting and kicking children. These cases are terrifying and devastating to children and parents, and justice should be pursued actively in a court of law to hold them fully liable for damages.
Seek Help in Your Time of Need
At the Law Firm of Aaron A. Herbert in Dallas, we honestly hope we never have to see you in our offices for a case of child abuse or neglect from a daycare center or babysitter. No parent should ever have to go through the reality of a child being hurt due to negligence. In the awful event that this happens, you need to act swiftly against the responsible party.
Contact a Child Injury Attorney
Contact us today for experienced, aggressive, and dedicated representation that will fight for your rights, your child’s rights, and for full compensation from the defendant. Please reach out to our skilled daycare abuse and neglect attorneys if you see any signs that it may be happening to your child.