Daycare Injuries

Sending your child to daycare for the first time is major event in every parent’s life. It may be the first time you are not around your child for the majority of the day. It may be the first time you are trusting the care of your child, probably the most important person in your life, to someone else.

As a responsible parent, you have probably toured several facilities, talked with the manager and the program and the staff, and asked important questions, such as how long the staff members have been working there, and whether staff members are subject to background investigations.

Eventually, you choose the daycare provider that best fits your needs and hope everything will be okay. Unfortunately, as Boston daycare injury lawyers at The Law Offices of Jeffery S. Glassman, LLC know too well, that is not always the case.

Daycare injures: A Look at the Numbers

The Journal of Pediatric Psychology published an article about daycare injuries that includes a lot of statistical analysis. Based upon national surveillance data, just under 65 percent of children between age three and age five spend all weekdays in a childcare facility or other out-of-home care. This equates to around eight million children. When we combine this figure with the fact that unintentional injury is, by a large margin, the leading cause of death of children under age four, we know that many of these preventable child injuries and deaths are occurring in a daycare setting.

Types of Preventable (Negligent) Injuries that Occur in Daycare:

It is important to consider what types of preventable injuries are occurring in Boston daycares:

  1. Bruising
  2. Broken Bones
  3. Traumatic Brain Injury
  4. Poisoning
  5. Drowning
  6. Electrocution
  7. Eye Injuries
  8. Assault
  9. Sexual assault

These are just some examples of the daycare facility injuries about which lawyers typically hear. It is important to note that when we say preventable injuries and negligence, assault and sexual assault are also included in that list. While these are typically considered intentional torts, as opposed to negligence torts, allowing daycare workers to commit these horrific acts can involve negligent supervision, negligent hiring, or negligent retention of an employee who is known to be a risk for harmful behavior.

Things to do if Your Child Was Injured in Daycare

If your child was injured in daycare, there are certain steps you can take that will help increase the likelihood of receiving a full and fair settlement. You should ask staff if an incident report was created. It is very important to document what has happened. You should also seek medical attention immediately if your child is injured.

Having medical records of an examination as close in time to the accident or injury as possible is crucial. You do not want to put this off so the daycare provider can claim your child was not injured when he or she was in their custody. You should also take pictures of any visible injures. The more documentation you can provide to your Boston daycare injury attorney, the better it will be to prove your case.

You should also try to get a list of who was working that day. It may be difficult to find out later if the daycare center did not keep accurate records, even though they are required to do so.

If you are contacted by the daycare provider’s insurance company, you should not make any statements or sign any documents before speaking with your attorney. You should never sign a release of liability or accept any money until speaking with a lawyer who is on your side and will fight for your rights to the settlement you and your family deserve.

Insurance companies know that families may be in immediate need of money and will often try to get you to accept pennies on the dollar and sign a general release of liability.

If you are dealing with the serious injury or death of a child, please contact the Massachusetts child injury lawyers at the Law Offices of Jeffrey S. Glassman today for a free and confidential appointment to discuss your concerns.

Call (617) 367-2900 – NO FEE UNLESS SUCCESSFUL

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