When you place your child in a day care center, you probably expect staff members to look after their needs and protect them from any harm. However, some children, sadly, suffer serious injuries when they are in day care centers due to abuse or neglect. The child care facility is expected to act as a reasonable parent to protect the safety of your child. This duty extends to all the managers, administrators, aides, teachers, and employees.
At our New York City law firm, Dansker&Aspromonte, our team of expert and experienced lawyers have handled cases of child care provider negligence. With over 35 years of experience, we have held plenty of wrongdoers accountable and sought hundreds of millions of dollars in compensation for our clients. If you suspect your child is being abused in a facility or has been injured, contact us for a free consultation.
Negligence in a Childcare Facility – Recognize the Signs
Often, daycare negligence tends to go unnoticed until it is too late. Both federal and state laws have been implemented and set out standards that have to be followed by all these institutions and facilities. These standards include:
- Providing adequate oversight
- Removing known dangers
- Maintaining the right caregiving items in cases of emergency
Failure to abide by these standards can result in legal liability should a child come to harm. When it comes to picking a daycare facility for your child, a parent or guarding needs to ensure that the daycare facility provides the following criteria at all times:
- Adequate access to water
- A proper caregiver to child ratio
- Proper safety standards
- Ease of access to first aid tools
- Proper portioning of food as stated in a prescribed schedule
- Adequate safety measures to prevent a child wandering, or departing the facility without authorization
- Proper bathroom facilities
- An adequate policy that forbids all forms of mental, physical, sexual, and emotional abuse
Even the Tiniest Error Can Be Severe
It is critical that caregivers and families remember that even a slight lapse in care can be fatal for a child. For instance, headlines have been made in San Diego when a three-year-old died after the child swallowed a pushpin at preschool. The child was apparently given permission to go to the bathroom unsupervised and found a pushpin. These are known to be seriously dangerous to toddlers and young children. Sadly, the boy swallowed the sharp object and choked to death.
The preschool was eventually cited for failing to adequately and responsibly monitor the young boy as well as for creating a space where such an object was easily available to a child. However, even with such serious violations, the state could only fine the preschool $150.
Unfortunately, as case like this is far from unique. In that very same month, another child in Kentucky died from the exact same thing. The 18-month-old swallowed the pin at a daycare facility and passed away when the object got blocked in his airwaves.
What About Child Care Negligence in New York?
One of the most serious factors that lead to child care injuries in childcare facilities is a lack of staff. When facilities try to cut corners and fail to hire and supervise properly trained, and enough, child care workers, children are put at serious risk.
Childcare negligence may include:
- child sexual abuse
- severe injures like broken bones and bruising
- injuries caused as a result of leaving a child unattended
- sudden infant death syndrome brought on by unsafe sleep positions
- injuries caused by a range of dangerous conditions in the center
Book a Free Consultation
If your child has suffered an injury or death due to child care negligence in a childcare facility, we will work diligently to uncover the cause and hold the appropriate parties accountable. We also work aggressively to seek maximum compensation for the injuries.
Our lawyers have more than 35 years of experience with childcare negligence cases and are here to help. We serve the NYC Metro area and surrounds. For a free consultation, please get in touch online today or call us at 800-510-9695.