Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Hearing your child was injured at daycare can be frightening. In addition to the trauma the injury may have caused to your child, it could also be a distressing experience for you as a parent.
If your child was hurt, you might be considering options for holding the responsible party accountable. However, determining all your rights and the legal process might be overwhelming. An Ohio daycare injury lawyer could help. An experienced injury attorney could provide you with the support you need throughout the legal process.
Sometimes daycare workers fail to create a safe environment for the children they watch over. While there could be hundreds of actions a daycare worker could take that results in an injury to a child, there are usually patterns of improper behavior that end up causing injuries at the daycare.
Sometimes the daycare facility has defective or dangerous conditions, such as broken stairs or unsafe playground equipment. Other times, a daycare worker’s neglect can result in serious injuries to the children they are meant to be watching. A daycare injury attorney in Ohio could help a person understand whether a worker’s or facility’s negligence lead to the damages. If so, an attorney could help a family bring a claim for compensation.
As stated above, parents of an injured child could make a case that the daycare is liable under the doctrine of negligent supervision. To support a case for negligent supervision, they must first show that the daycare had a responsibility to supervise the child. If no responsibility were accepted, no duty would be owed to the child, and they would not be liable.
Second, the plaintiff must show that the daycare breached their duty of care due to their actions or inactions. For example, they could fail to monitor and watch the child properly. Different levels of monitoring and supervision might be required depending on the age and health of the child, as well as other factors. For example, as a general rule, younger children, children with mental or physical disabilities, large numbers of children, and children in hazardous environments such as pools require more supervision.
Third, the child’s injury must have been caused by the daycare’s failure to monitor the child properly, and the injury must have been foreseeable. It is also important to note that plaintiffs seeking damages for daycare negligence related injuries must file their personal injury case within two years of the date of the injury under Ohio Revised Code §2305.10.
There is hardly an excuse for a daycare to allow someone’s child to suffer an injury. An Ohio daycare injury lawyer could help you hold the responsible school accountable for causing your child’s injuries. They could support you through the legal process, helping you make the right decisions for your case. To discuss your rights and options following an injury, call today for a free consultation.
Charles E. Boyk Law Offices, LLC