Sending their children to daycare is a difficult decision many parents have to make. When sending your children to daycare, you trust that they will be in good hands. Unfortunately, this is not always the case. When daycare owners and employees act negligently, serious accidents can occur. Read on to learn more about daycare negligence in Maryland.
What are Examples of Daycare Negligence?
Some common examples of daycare negligence include:
- Children being injured on rusty or defective playground equipment
- Children being fed stale food or unclean water
- Sharp, hazardous materials within children’s reach
- Ignoring a child’s food allergies
- Failing to watch children at all times
- Failing to screen potential employees who may be unsafe around children
- Any other factor that the court deems in violation of the reasonable expectation and standard of care
If I Signed a Waiver, Can I Still Take Legal Action?
Many daycares ask parents to sign a waiver stating that they will not take legal action in the event of an accident. It is important to know that you do not have to sign this waiver. But, if you did sign a waiver, you can still take legal action with the help of an experienced personal injury attorney.
Fulfilling the Burden of Proof
In order to take legal action, you will have to prove the following:
- The child was enrolled in the daycare and the establishment owed a duty of care to the child
- The daycare employer or the staff breached their duty of care through negligent behavior
- The child’s injuries were a direct result of their negligence
- The child suffered significant damages due to the accident
In order to provide proof, there are some important steps to take. For example, you should be sure to take pictures and videos of your child’s injuries or the hazardous conditions of the daycare. You should also take your child to the doctor immediately. This will ensure that your child receives the necessary medical treatment, while simultaneously providing you with important proof of the origin and extent of your child’s injuries.
What is the Statute of Limitations?
If you wish to take legal action, you will have to do so within a certain amount of time. This deadline is known as a statute of limitations. In Maryland, the statute of limitations is generally three years from the date of the accident.
If your child has been injured as a result of negligence, our firm will fight for you. Reach out to discuss your case with an experienced attorney.
Contact our Firm
If you or a family member have been injured in a personal injury accident and wish to speak with an attorney, contact Lloyd J. Eisenberg & Associates today.