Kansas City Daycare Injury Lawyer

All parents want the best for their children, and leaving their care to someone else can be a stressful prospect. Most daycare centers provide loving and compassionate care to their attendees.

Unfortunately, accidents happen.

When your child comes home from daycare with an injury, you might feel mad, confused, or wonder who is liable for their injuries.

Learn your legal options and whether you should contact a KC personal injury attorney.

Types of Daycare Injuries

There are several scenarios in which a child may incur injury at daycare, but some instances are more common than others. Your child may become injured at daycare:

• On the playground. Playgrounds provide a wonderful opportunity for children to burn energy and solve mental challenges while making friends. Unfortunately, they can also be dangerous; more than 200,000 children report to emergency rooms for playground injury each year.
• Falls are the most common type of daycare injury, especially in younger children who are still learning to walk and run. 
• Sprains and fractures can occur due to falls or rough play.
• Animal bites can happen if the daycare center has pets that are not properly supervised or if a stray animal gets into the premises. 
• In a fight with another child. Children fight, but when bickering leads to injury, a daycare center might be liable for any damages.
• Abuse and neglect. While rare, a supervisor’s abuse or neglect may lead to serious injury. Neglect rises to physical abuse when a child experiences harm as a result.
• Choking can happen when toys or foods are small enough to be swallowed by children.
• Poisoning can occur when cleaning products, chemicals, or medicines are left in the reach of children.
• Burns can happen due to hot food or liquids or contact with hot surfaces.

Who’s Liable for Daycare Injuries?

If your child sustained an injury at a Kansas City daycare and you want to pursue a claim, the first step will be to determine if there was “negligent supervision.” Was the person responsible for your child’s safety careless or irresponsible? Anyone who supervises children may be liable for injury, including:

• Aides
• Caregivers
• Teachers
• Room leaders
• Administration
• The daycare facility
• Camp counselors
• Baby sitters
• Nannies

Negligent supervision claims typically arise from inattention or inaction. For example, you may have legal grounds for a negligent supervision claim if:

• The daycare center lacks an appropriate staff to student ratio.
• A caregiver fails to adequately protect from hazards such as pools or traffic.
• A facility fails to properly maintain fencing or equipment.
• A caregiver fails to monitor a potentially aggressive child who injures another.

Proving a Negligent Supervision Claim

Negligent supervision claims hinge on providing sufficient evidence for the following:

• That the daycare center had an obligation to monitor your child, for example, you signed a contract that stated the center would provide service in exchange for tuition.
• The person in charge of supervising your child committed negligence – in other words, a similarly trained person would have acted differently in the same circumstances.
• That negligence directly led to your child’s injuries.
• A supervisor could have foreseen the injuries.

Potential Compensation for Daycare Injuries

If your child has been injured in a daycare center, you may be entitled to compensation for damages suffered. The potential compensation may include:

Medical Expenses and Rehabilitation Costs

You may be compensated for the cost of medical treatment and rehabilitation for your child’s injuries. This may include hospital bills, doctors’ fees, and therapy costs.

It is important to keep all records of medical expenses related to the injury, as these will be used to determine the amount of compensation you are entitled to.

Additionally, rehabilitation costs may include physical therapy, occupational therapy, and speech therapy. These therapies can help your child recover from their injuries and regain their abilities.

Pain and Suffering

You may be entitled to compensation for your child’s pain and suffering due to their injuries. This compensation is intended to recognize the physical and emotional toll that the injuries have taken on your child.

Pain and suffering damages can include compensation for physical pain, emotional distress, and loss of enjoyment of life.

If your child has suffered from a serious injury, they may experience ongoing pain and suffering. In these cases, it is important to work with an experienced attorney to ensure that you receive fair compensation for your child’s long-term suffering.

Lost Wages and Future Earnings

If you had to take time off work to care for your injured child, you may be entitled to compensation for lost wages. This can include both past and future lost wages.

Additionally, if your child’s injuries impact their ability to work in the future, you may be entitled to compensation for their future lost earnings.

If your child is unable to work due to their injuries, it is important to work with an experienced attorney to ensure that you receive fair compensation for their lost earning potential.

Punitive Damages

In cases where the daycare or its employees acted recklessly or intentionally, you may be entitled to punitive damages. These damages are intended to punish the wrongdoer and deter similar behavior in the future.

Punitive damages can be significant and may be awarded in addition to other types of compensation.

If you believe that your child’s injuries were caused by the daycare center’s negligence or intentional actions, it is important to speak with an experienced attorney to determine whether punitive damages may be available.

Your Daycare Injury Attorney in Kansas City

Our children are vulnerable, and parents have a natural instinct to protect them from harm. At Wendt Law P.C., we believe that no one should have to pay the price for someone else’s negligence – but least of all children. Daycare injuries are serious matters and require an experienced and compassionate legal advocate.

If you believe you have legal grounds for a negligent supervision claim, contact us to arrange for a free initial consultation. We’ll review the specifics of your case and help you decide your next best steps. Schedule yours today.

Visit Our Law Office in Kansas City