When parents entrust their children to a daycare, they expect a safe and nurturing environment. Unfortunately, accidents and injuries can occur due to negligence or improper care. In such cases, a daycare negligence lawyer can help parents seek justice and compensation for their child’s injuries.
Understanding Daycare Negligence
Daycare negligence occurs when a daycare provider fails to ensure the safety and well-being of the children under their supervision. Examples of daycare negligence include inadequate supervision or unsafe conditions on the premises. In addition to negligence, daycares can be responsible for their employees’ intentional acts should they know of these acts and fail to remove them from their positions. Examples of intentional acts include physical harm to the child caused by hitting, smacking, or other corporal punishment methods. A daycare negligence lawyer could assist you in these situations.
Intentional Injuries
In North Carolina, several daycare workers have faced criminal charges for actions against children. Recently, Kaleigh Gambill, a worker at Woodlawn Baptist Child Development in Catawba County, was accused of assaulting over half a dozen children under four. According to criminal warrants, she picked up children by their arms, struck some with an open hand, and slammed a child’s ankle on the floor. Many of these acts were recorded on camera. Gambill has since been removed from her position following a complaint. Hiring a daycare negligence lawyer could help parents navigate these challenging situations.
While the criminal charges may hold Gambill criminally responsible for her actions, these children and others who experience similar cases deserve civil compensation for their physical injuries and mental anguish.
Steps a Lawyer Takes to Sue for Injuries
A daycare negligence lawyer will guide you through the legal process to build a strong case. Here are the typical steps involved:
Initial Consultation
During the initial consultation, the lawyer will discuss the details of your case, including the nature of the injuries, the circumstances surrounding the incident, and any evidence you have gathered. This is a crucial first step when working with a daycare negligence lawyer.
Investigation
The lawyer will conduct a thorough investigation to gather evidence. This may involve collecting witness statements, reviewing medical records and accident reports, and examining the daycare’s policies and procedures.
Establishing Liability
When a child is injured due to negligence or an intentional act, the daycare provider may be held liable under the following principles:
- Negligence
- Negligence Per Se
- Negligent Supervision
- Negligent Hiring
- Negligent Infection of Emotional Distress
- Assault
- Battery
- Intentional Infliction of Emotional Distress
- Punitive Damages
Filing a Lawsuit
Once liability is established, the lawyer will file a lawsuit against the daycare. The lawsuit will outline the allegations of negligence, the evidence supporting these claims, and the compensation sought for medical expenses, pain and suffering, and other damages. This is another essential phase where a daycare negligence lawyer provides critical support.
Negotiation and Settlement
Often, daycare facilities or their insurance companies may prefer to settle the case out of court. Your lawyer will negotiate on your behalf to reach a fair settlement that covers all your child’s needs.
Trial
The case may go to trial if a settlement cannot be reached. Your lawyer will present the evidence and arguments in court. Most personal injury cases do not go to trial, but Maginnis Howard daycare negligence attorneys are willing to take your case to trial if it is the best option for your child.
Experienced Daycare Negligence Lawyers
Maginnis Howard has experience in resolving claims against daycares, including but not limited to the following recent matters:
- An 18-month-old child who suffered second-degree burns to their arm when a daycare worker left hot soup within reach on the ground
- An 8-month-old who suffered second-degree burns to his feet when a daycare worker transported them in their crib with a bottle warmer that tipped over
- A 3-year-old child who was assaulted and bullied by her daycare instructor, who inflicted both physical and mental harm
Contact Us
A daycare negligence lawyer is crucial in advocating for your child’s rights and holding negligent parties accountable. By understanding the steps involved in a negligence lawsuit, you can better navigate the legal process and secure the compensation your child deserves. Contact Maginnis Howard’s personal injury attorneys if your child has suffered injuries due to a negligent daycare facility. Our law firm has experience representing children and handling complex daycare negligence cases. We offer free consultations from our Raleigh, Charlotte, and Fayetteville offices and reduced contingency fees for all claims involving minors. The firm’s attorneys handle cases throughout the Carolinas and may travel to meet with you to discuss your child’s case.
