Daycare Injury Statistics
According to the National Center for Education Statistics, more than 14 million children of preschool age are enrolled in some form of daycare in the United States. Parents often enroll their children in daycare in order to ensure that they will receive adequate child care while they are at work. Obviously, when parents enroll their children in daycare, they do not expect that they will be injured while they’re there. However, these injuries still occur. Sometimes, these injuries stem from the negligence of daycare employees. Other times, the injury is unavoidable. The purpose of this blog is to help parents in New Jersey determine when a daycare can be held liable for injuries that their children sustain while at daycare.
When is a Daycare Considered Negligent?
If a daycare’s negligence is the reason that a child was injured, then it is likely that the child’s parents may successfully bring a lawsuit against the daycare on the injured child’s behalf. A daycare acts negligently if its staff fail to administer reasonable child care under the circumstances. Examples of failure to administer reasonable child care under the circumstances include:
- Failure to adequately supervise the children while they are playing outside
- Failure to adequately supervise the children when they are engaged in activities in the classroom
- Failure to provide the children with adequate time to eat
- Failure to provide the children with adequate hydration
- Failure to remove known hazards in the classroom such as toxic cleaning supplies or small items that the children may choke on
- Failure to properly clean the facility or to routinely check daycare equipment
If a child is injured because of any of the above examples, then a parent may successfully sue a daycare for the injury their child sustained in New Jersey.
What if an Injury was Caused by an Intentional Act of a Daycare Employee?
Recently, there have been some reports in the news regarding intentional maltreatment of children by daycare employees. In one of these reports, there was a video leaked showing a girl being thrown across the room by a daycare employee and hitting her head on a piece of furniture in the room. If a daycare employee intentionally hits, throws, kicks, or otherwise causes your child physical harm or psychological trauma, that employee may be sued for intentionally causing injury to your child in New Jersey. However, in New Jersey, the daycare facility itself may not be able to be successfully sued for these injuries unless it can be established that the daycare knew of this abuse and did nothing or the daycare did not perform a background check on this employee, the results of which would have shown that the employee has a history of abuse or violence against others.
Can I Still Sue a Daycare for My Child’s Injuries Even though I Signed a Release Agreeing to Hold the Daycare Harmless for any Injuries that My Child Sustains While in its Care?
If a child is injured at daycare and it is the result of the daycare’s negligent actions, parents may still be able to successfully sue for their child’s injuries even if they signed a release of liability agreeing to hold the daycare harmless for any injuries their child may sustain while in its care. Courts throughout the country have invalidated these types of releases when a lawsuit is brought against a daycare for a child’s injuries for the reason that these releases are against public policy. So, even if you have signed this type of release, odds are that, if your child is injured as a result of a daycare facility’s negligence, you will likely still be able to hold the daycare liable for your child’s injuries in New Jersey.
Contact a Chatham Personal Injury Lawyer to Discuss Your Daycare Injury Case in New Jersey
Did your child sustain serious injuries due to the actions of a daycare facility in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Blume Forte Fried Zerres & Molinari, P.C. represent clients who experienced daycare injuries in Chatham, North Bergen, Sea Girt,Jersey City, and throughout New Jersey. Call 973-845-4421 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at One Main Street, Chatham, NJ 07928, as well as offices in Jersey City, NJ, Sea Girt, NJ, and North Bergen, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.