Millions of children across America attend daycares. While reliable childcare can be a boon to working parents, the assumption is that when you place your child in daycare, they’ll be safe. What happens if your child is seriously injured at daycare?
Ohio Revised Code section 2919.226 and 2916.225 require daycares to disclose whether a child has been seriously injured or died while in their care. That helps parents when they’re searching for daycares, and deciding who is trustworthy enough to care for their child. What happens if your child is the unfortunate first one to suffer injuries?
Supervision requirements and personal injury claims
Ohio Administrative Code Rule 5101:2-12-19 sets out supervision standards for childcare. All childcare providers are required to supervise children under their care, including having “knowledge of a child’s needs and accountability for his or her care at all times, including but not limited to, developmental and behavioral needs and parental preferences. Supervision includes awareness of and responsibility for the activity of each child and being near enough to respond and reach children immediately including responding to the child’s basic needs and protecting them from harm. [emphasis added].”
That’s a pretty clear standard for what you should expect from care providers. When you file a personal injury claim for negligence (or negligent supervision), the plaintiff is required to prove that the defendant had a duty to act in a certain way, and they failed in that duty. (They also must prove that violating their duty of care caused the injury.)
Since Ohio has a statute that specifically outlines the duty involved, violating it is called “negligence per se”—they’re negligent as a matter of law. That can make your daycare negligence case easier to prove, although it’s not a guarantee that you’ll prevail.
What to do if your child was injured at a daycare
If your child was seriously injured or killed as a result of negligent daycare providers, it’s important to call a personal injury attorney as soon as possible. They can review your case and help you secure important evidence, like security footage, before it’s overwritten or otherwise lost.
Filing a lawsuit can help recover compensation for your child’s injuries and treatment—and ensure that tragic daycare accidents are less likely to happen in the future.
Contact an Ohio personal injury lawyer today
Every parent should be able to trust that their child’s daycare providers will keep them safe. If your child was injured as a result of negligent care providers, I’ll Make Them Pay!® Call me today at 877.483.2298 for a consultation, and we’ll discuss how I can help you recover compensation.
