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Bronx Personal Injury & Real Estate Blog

Friday, February 22, 2019

Can I sue my child’s daycare center for injuries?

New York personal injury lawsuits often arise from daycare negligence. The headlines are full of grieving parents’ stories of injuries and abuse allegedly suffered by their vulnerable children at the hands of those they entrusted with their child’s care. 


Recently, allegations of daycare negligence made the news regarding a Westchester daycare center where a couple claims their toddler son’s fingertip was severed and the daycare allegedly failed to notify them of the severity of the injury or call 911. When the boy’s grandparents picked him up, they allegedly inspected the injured finger which was wrapped in a paper towel. That’s when they reportedly noticed the bone was exposed and the severed fingertip was also in a paper towel. The grandparents rushed him to the hospital where reattachment surgery was attempted. Reportedly, an incident report claims the injury occurred when a door closed on the boy’s finger as a staff member ran after another child.


To recover in a personal injury lawsuit, a victim must prove that another person or entity was responsible for their injury by acting in a negligent, reckless, or intentional manner or through their failure to act. 


In a day care setting, the staff has a duty of care to the children in their charge and may be held responsible in the event they breached that duty. If liability can be established, compensatory damages may include that victim’s current or future medical expenses, physical and mental pain and suffering, and other damages depending upon the particular facts of each case. Sometimes punitive damages are awarded in an effort to punish the responsible entity in the hope of deterring future similar actions and injuries to others. 


If you or a loved one has been injured or a loved one has been killed in a day care setting, or in any other kind of accident, as a result of the actions of somebody else, the Goldstein Law Firm can help maximize the compensation to which you may be entitled to. Contact us today for a free consultation. 


From our office in the Bronx, New York, we represent injured victims and their families throughout New York City and New York State as well as those injured while visiting New York. 


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