Entrusting your child to a daycare facility is an act of immense trust. Parents have the right to expect that their child will be cared for in a safe, secure, and nurturing environment. When a daycare center violates that trust through negligence, and a child is injured as a result, the facility can and should be held accountable. These are deeply sensitive cases that require a compassionate yet aggressive legal approach to ensure justice for the child and their family.
The Legal Duty of a Daycare Center
Under Nevada law, daycare centers are held to a high standard of care. They have a legal duty to provide adequate supervision and to maintain a safe premises, free from unreasonable hazards. When they breach this duty, they can be found negligent. Common examples of daycare negligence include:
- Inadequate Supervision: This is the most common cause of daycare injuries. It can involve not having enough staff for the number of children (violating state-mandated staff-to-child ratios), or staff members being distracted and not paying attention.
- Unsafe Premises: Injuries caused by hazards like broken playground equipment, unsecured furniture that can tip over, toxic cleaning supplies left within reach, or failing to cover electrical outlets.
- Negligent Hiring: Failing to conduct proper background checks on employees who may have a history of violence or abuse.
- Failure to Follow Procedures: Not following safety protocols for things like sleep (e.g., placing an infant on their stomach), food allergies, or administering medication.
- Allowing a child to wander off the premises.
Investigating a Daycare Injury Claim
Proving negligence requires a thorough investigation. An experienced attorney will take immediate steps to:
- Preserve Evidence: This includes any surveillance footage from the daycare, incident reports, and photographs of the child's injuries and the location where the injury occurred.
- Review State Licensing Records: The attorney will investigate the daycare's history with the Nevada Division of Public and Behavioral Health, looking for prior violations, complaints, or citations. A history of safety violations can be powerful evidence of negligence.
- Interview Witnesses: This includes other parents, current or former employees who may be willing to speak about unsafe practices at the facility.
Compensation in a child injury case covers the child's medical bills, future medical needs, and their pain and suffering. While no amount of money can undo the harm to a child, a lawsuit can provide the financial resources necessary for their recovery and hold the negligent daycare accountable, hopefully preventing other children from being harmed in the future.