Lawsuits against Daycare Centers

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What Responsibilities Do Daycare Centers Have?

Daycare centers, like all persons and businesses, have a duty to exercise "reasonable care" to avoid causing injuries to third parties. If a daycare center fails to exercise reasonable care, and their failure causes an injury, they might have been negligent.

More specifically, the legal theory of "premises liability" holds owners of land responsible for injuries that occur on their property, if the injury was reasonably foreseeable.

Can Parents Sue if Their Child is Injured at a Daycare Center?

When a child is placed in the care of a daycare center, the daycare center is essentially acting in place of the parents. This means that they must exercise a very high degree of care to prevent injuries to the children under their care.

Injuries caused by the carelessness of an employee (like dropping a child), can give rise to liability. Likewise, injuries caused by an unsafe environment at the daycare center (stairs without barriers, exposed light sockets, etc.) could be grounds for a lawsuit.

If a child has been injured at a daycare center because the daycare center failed to exercise reasonable care, then the parents might have a case against the daycare center for negligence.

Should I Contact a Lawyer?

If you own a daycare, or if your child has been injured while at daycare, it is best to contact an attorney. An attorney can advise you on what options are available to you and will be able to help you make the best decision for you on how to proceed.

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Last Modified: 10-14-2013 12:33 PM PDT

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