Can I Sue a Daycare For Negligence?

Dropping a child off at school or daycare is very often a nerve-wracking experience. Fortunately, daycares generally have a passion for teaching and caring for young children. However, sometimes daycares are negligent, and children are harmed as a result. When someone’s child is harmed, they feel frustrated, betrayed, or even devastated. If you are in this situation and are seeking to hold a negligent daycare center accountable, here are some of the questions you may have:

Can I sue a daycare even if I signed an indemnity or liability clause?

Oftentimes, childcare providers will try and trick you into thinking you cannot sue them if your child is hurt on their watch by making you sign a waiver with a liability clause of some sort. This puts parents in a complicated position, as no caring parent would willingly sign away their child’s rights. Fortunately, there have been many cases where parents suing for their children’s rights bypassed this waiver. With the help of an experienced attorney, you have a shot at doing the same.

How do I sue and report a negligent daycare facility?

To sue a negligent daycare, you must first prove that your child was indeed enrolled in daycare and that the daycare, therefore, owed your child a duty of care. You must then prove that the daycare breached its duty of care and that your child was directly injured or harmed as a result. If you can do this while proving the injuries your child sustained were avoidable and foreseeable, you should be entitled to financial compensation.
If you suspect your daycare is not properly caring for your child or is outwardly harming your child in some way, do not hesitate to contact the State Central Registry (SCR) Child Abuse Hotline at 1-877-NJ-ABUSE (1-877-652-2873). However, if you believe a daycare poses an immediate risk to your child, the most important thing you can do is call 911 immediately.

How do I prove a daycare was negligent?

To prove a daycare was negligent, you and your attorney may use security camera footage of the accident, pictures of the hazardous or unsanitary conditions, police reports, witness statements and more to prove your claim. You should also provide pictures of your child’s injuries, and take your child to see a medical professional as soon as possible. A physician will treat his or her injuries and provide you with documentation detailing their extent, which you may also use to prove your claim.

Contact our experienced New Jersey firm

If you or someone you know was involved in an accident and wishes to speak with an attorney, contact the Law Office of Christopher T. Howell, If you have sustained serious injuries due to another party’s negligence, there is no reason for you to suffer alone. The compensation you receive may cover the cost of your medical bills, lost wages and more. Do yourself a favor and let us work with you to attain the financial assistance you need.