Injuries have replaced infectious disease as the leading health problem for children.
When a child is enrolled in a California day care center, a parent expects that the child is cared for in a supportive environment that is well maintained with proper staffing.
Unfortunately, children at day care centers often suffer injuries due to the negligence or carelessness of the day care center. When a child suffers an injury at one of these centers, a parent is often faced with the dilemma or decision as to what to do. Should the parent contact an experienced personal injury attorney?
There are many types of injuries, such as falls, cuts, scrapes, bruises, bites and burns. However, falls are the most prevalent form of injury. Children in day care centers, between the ages of infant and 5 years old, are more likely to be injured and hospitalized due to falls compared to other types of injuries. Additionally, the younger the child, the more likely the child is to fall head first because of the head-to-body ratio and poorly developed protective reflexes.
The lack of supervision or proactive child care giving also contributes to child injury. Certainly accidents do happen, but while many accidents are considered non-intentional, some do involve a degree of negligence and are preventable.
The four basic elements of a day care center case are as follows:
- Duty – the day care center has the duty to provide reasonable and timely care and supervision of the children enrolled in the program.
- Breach of Duty – the day care center breaches a duty when it fails to take appropriate action or acts through its employees and staff in a negligent or careless manner.
- Causation – is often difficult to prove. It must be shown that the breach of duty was the actual cause of the damages or injury.
- Damages/Injuries – Injuries can be in the form of physical or emotional; however, often times it may be difficult to prove the actual emotional injuries were caused by the breach of duty.
If your child has been seriously injured due to the negligence of his or
her day care center, you have the right to recover damages.
Contact the San Bernardino personal injury law offices of Welebir Tierney & Weck today to seek advice and counsel.