Both state and federal law require daycare providers to uphold certain standards in protecting children under their care, supervision, or guidance from harm. When a daycare fails to uphold that duty, children may become injured as a result. Parents or guardians of minors who are injured while at daycare may bring suit on behalf of their child to recover medical expenses and other costs related to their child’s injuries. The Columbia daycare injury lawyers at Chappell Smith & Arden, P.A. fight to hold daycare providers responsible for their negligence or intentional wrongdoing.
Suing a Daycare Facility
Parents or guardians may bring a personal injury case against the daycare providers responsible for their child’s injuries. The basis of the claim may be negligence or intentional tort – the daycare provider must have either negligently or intentionally caused injury to the child.
To prove that the daycare was negligent, it must be shown that the daycare facility breached its duty of care to the child. If a child was under the care, supervision, or guidance of the daycare facility, then the daycare facility owed the child a duty of due care to take reasonable steps to protect him or her from foreseeable harm. A breach of this duty can happen in several ways, including:
- Failing to provide a child with basic necessities, such as food, water, or medication
- Improper supervision or caregiver-to-child ratio
- Inadequate screening or training of employees
- Unsafe premises
Once it has been established that the daycare facility breached its duty of care, claimants must then show that the breach of that duty caused the child’s injury. Such causation may be established by showing that but for the daycare facility’s negligence, the child’s injury would not have occurred.
The daycare facility will only be liable if it was the proximate cause of the child’s injuries, meaning that there were no unforeseeable intervening events that contributed to the injuries. Finally, evidence of physical or emotional harm must be presented in order to receive damages for the child’s injuries.
Intentional Tort Cases Against Daycare Providers
Sometimes, children are intentionally harmed by daycare providers. In those cases, parents or guardians may file an intentional tort case against the provider. Some examples of intentional torts include:
- Child abuse
- Intentional infliction of emotional distress
- Wrongful death
Parents should be cautious if they are presented with an offer from the daycare facility’s insurance carrier. It is advisable to seek the counsel of a qualified local attorney before signing or agreeing to anything to ensure that the child’s rights are protected and that you receive the maximum compensation to which you are entitled.
Columbia Daycare Injury Lawyers at Chappell Smith & Arden, P.A. Help Parents and Guardians Obtain Compensation for Their Child’s Injuries
If your child was injured due to the negligence or wrongdoing of a daycare provider, contact a Columbia daycare injury lawyer at Chappell Smith & Arden, P.A. Our skilled attorneys are dedicated to obtaining the justice and compensation our clients deserve. For a free consultation, complete our online contact form or call us at 803-929-3600 or 866-881-8623.
We represent injured individuals and families across South Carolina, including those in Columbia, Aiken, Camden, Sumter, Orangeburg, Greenville, Florence, Beaufort, Irmo, Spartanburg, Myrtle Beach, Hilton Head Island, West Columbia, Rock Hill, Charleston, Lexington, Winnsboro, Summerville, and throughout the areas of Lexington County, Richland County, Sumter County, Charleston County, Aiken County, Florence County, Lancaster County, York County, Spartanburg County, Orangeburg County, Kershaw County, and Newberry County.