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Minneapolis Daycare Injury Attorney

There is nothing more stressful than entrusting care of our little ones to someone else. Though we wish we could always be around, we have to go to work and run errands, and we may even go on a date night once in a while with our spouse. Child care centers can provide a valuable sense of relief for parents, and many are staffed with caring, doting individuals. Unfortunately, injuries can still happen to children when they are at daycare. Do parents have options for legal recourse when their children are hurt at daycare? In some cases, yes.

Types of Injuries at Daycare

There are several types of injuries that can occur in a daycare setting. Many child care centers have playground equipment that allows children to burn off energy and solve mental challenges. Unfortunately, they are also full of dangers. According to the Centers of Disease Control and Prevention, there is an average of 200,000 emergency room visits due to playground injuries in children 14 and younger each year.

Playgrounds aren’t the only places children can hurt themselves. Children can be hurt by other children (biting, pushing), as well as through other means (neglect, daycare provider abuse).

A Matter of “Negligent Supervision”

Daycare injury claims are usually a matter of “negligent supervision,” which means your child wasn’t being supervised properly by those charged with his or her care. Any of the following people can be guilty of negligent supervision:

  • Teachers
  • Coaches
  • Other parents
  • Caregivers
  • Babysitters
  • Nannies
  • Camp counselors
  • Foster parents
  • Camp counselors

Most often, negligent supervision and personal injury claims are the result of caregiver inaction or inattention. Here are a few examples:

  • A daycare facility doesn’t have a proper staff-to-student ratio to monitor all its children.
  • A caregiver fails to protect children from hazards such as traffic, pools, or animals.
  • A daycare facility fails to properly maintain a fence and children are able to leave the property.
  • A daycare facility fails to properly monitor an aggressive child, who injures another.

Proving Negligent Supervision

If your child was injured at a child care center or at home with a caregiver, you may be wondering if you have a case for negligent supervision. Generally, the following four criteria must apply:

  1. The caregiver had a responsibility to monitor your child. When you join a daycare center, for example, you usually sign a contract in which certain terms are set for supervision in exchange for your tuition.
  2. Your caregiver failed to properly supervise your child or committed negligence. Usually, we look at whether a similarly trained person would have acted differently, given the same circumstances.
  3. The caregiver actions were foreseeable. In other words, a person may have anticipated that the injury would have occurred.
  4. Their negligence directly led to your child’s injuries.

Neglect and Abuse

Other forms of daycare injuries include neglect and abuse. If a caregiver at your daycare center is facing abuse charges, you’re eligible to file a civil claim above and beyond criminal charges. When criminal charges are pending, courts have an easier time settling these cases.

Finding a Daycare Injury Lawyer in Minnesota

As parents, we have a natural instinct to protect our children. Since children cannot defend themselves, they are particularly vulnerable. At the Law Offices of Knutson + Casey, we believe no one should get away with negligence, but especially not when it comes to the negligent supervision of children. We will serve as your legal advocate and help you find justice for your child.

To see if you have the legal basis for a negligent supervision claim, please contact us to schedule a free case evaluation. We offer our services on a contingency-fee basis, so you only pay if we win.