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Daycare Negligence-What is the remedy?

Steve Wagner

Sending your children to a nursery school or daycare center does not provide you with complete assurance of their safety. Despite attempts by state authorities to inspect and authorize daycare centers in Indiana, accidents do happen. Many parents believe that the school or the center takes complete responsibility for looking after their children, including all necessary safety precautions. Sadly, this is not always the case.

Daycare and childcare law states that any center caring for more than six children should have all supervisors trained in health and safety precautions. The centers should also follow strict safe-sleep procedures. Daycare centers taking care of 5 or fewer children are able to escape licensing checks. Another important factor often overlooked in unlicensed daycare centers is the child to adult ratio.

Children face the dangers of falling, being hit by another child, or other accidental injuries. Children also risk being placed in the wrong sleep position at daycare centers. Additionally, many daycare centers are run by people who have had no background check performed, thus allowing a history of drug abuse or a prior record to go unnoticed.

Neglect at a daycare is equivalent to abuse. It can lead to injury, illness and in some cases even death. In such cases, it is important to prove that your child has been a victim of neglect. Building a solid case of neglect is best left to an experienced Indiana injury lawyer.

Defining child care facility liabilities

Legally speaking, there are three main ways in which childcare facilities are held liable for the safety of the children under their care, including:

  • Negligence: The most common forms of daycare negligence involve leaving small children or infants unsupervised while asleep, when at play, and when being transported. All of these forms of neglect can prove fatal. Not having a space that is child-proof and hygienic can also result in harm to children.
  • Negligence Per Se: For daycares that are inspected and licensed, there is a list of directives that must be adhered to. These directives include such things as the type of property owned, the number of caretakers, and the manner in which a child is laid down to sleep. Proof of injury as a result of the daycare violating of any these rules may entitle parents to a negligence case.
  • Res Ipsa Loquitur: This takes place when an incident of injury or harm to a child occurs which ordinarily would not have happened had there been adequate supervision. The testimony of other children, supervisors, and medical personnel that examined the child, will help build the case.

If you feel that your child has been unduly injured while at daycare, it is important to take him to a doctor immediately for an assessment.

If you have had a loved one injured or subjected to daycare negligence at an Indiana childcare facility, the daycare negligence lawyers at Wagner Reese can assist you. Our attorneys have handled a number of lawsuits against daycares and childcare providers for personal injury and wrongful death to children. Give us a call today at (888) 204-8440 to schedule your free consultation.


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