A New Jersey day care facility is closed for investigation after a 15-month old toddler was found dead near on pond on the property. The child drowned in a one foot deep goldfish pond while the facility’s owner was attending to another child.
This is only one of many accidents and deaths that occur at day care centers across nation. These facilities must protect children from harm, and a failure to meet the appropriate standard of care may result in lawsuits for negligence.
When parents leave their children in the care of professionals, they expect that all reasonable precautions will be taken to insure the safety and well-being of their children. While day care facilities are expected to take every step possible to keep children safe, they cannot guarantee a child will not get hurt while under their supervision.
Day Care Standard of Care Includes:
- Standard of care is appropriate for the age of the children
- Proper staff training
- Implementation of appropriate policies and procedures
- Appropriate ratios of staff/child
- Background checks of all employees
- Properly secured facilities
- Current licensing for all staff and employees
When serious accidents occur at day care facilities, the courts apply a duty/risk analysis to determine if the standard of care was met. The courts’ number one consideration is whether the child’s injury was foreseeable. For example, if playground equipment was broken and the owner of the day care was aware of the problem but did nothing to correct the problem, then the day care facility could be found negligent, as it was foreseeable that a child would likely get injured.
Most daycare injuries are not the fault of the facilities. The facility will not be held liable if an injury was the result of ordinary childhood play. Typically, if the day care is diligent about inspecting all toys, equipment, and supplies, and always maintains a good child/supervisor ratio then the possibility of serious injury greatly declines.
In a day care setting, the standard of care can usually be met through knowledge, experience, good judgement, adequate perception of risk, and the skill of the employees and/or owners. However, if your child suffered an injury at a day care facility, and you think it could have been prevented, you have to call me right away at 1 (800) 556-4769.
As your personal injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®
Author: Tim Misny | For over 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (800) 556-4769.
