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Bronx Personal Injury & Real Estate Blog

Friday, December 13, 2019

Proving Negligent Supervision Caused Injury at Daycare

Q: When is a daycare provider responsible for an injury?

In New York City and across the nation, single parents, as well as married couples, rely on childcare or daycare centers to care for their children while they work to support their families. Despite many parents thoroughly researching the facilities they entrust with the care of their children, their worst nightmares still come true when a daycare negligence incident occurs.

Personal injury attorneys know all too well that it only takes a split second of staff inattention and/or a lapse in care for an infant or toddler to be killed or seriously injured in a daycare setting. It should be noted that these incidents can also occur whenever children are supervised by others-- in schools, on sports fields, with babysitters at home or at other locations, in camps or church groups, and more. It also applies to daycare for the elderly.

How do you prove negligent supervision of a child?

The relevant factors in a daycare negligence claim include proving:

  • that the person or business owed a duty of care to supervise the child;
  • that they breached that duty of care in not properly supervising the child;
  • that the child was seriously injured as a result. (In other words, the injuries were caused by the negligent supervision); and
  • that the injury would’ve been foreseeable by a reasonable person in that given situation.

Often, the “foreseeability” factor is the most challenging one to prove. A skilled personal injury lawyer can review the investigative reports and medical records in each case and can advise on your best legal course of action.

Recently, a mother claimed her two-year-old son suffered an injury due to daycare negligence when a “50% detachment” of his toe happened after it was caught in a door at his daycare. Reportedly, daycare workers downplayed the injury and covered the toe with baby wipes. The boy’s aunt reportedly noticed the severity of the injury when she brought the child home from daycare and removed the wipes to check the toe. He was rushed by ambulance to the hospital where he reportedly “underwent surgery and skin repair” and according to the mom, he is “still in shock and emotional distress over the incident” and “cries daily” and may have “nerve damage”.

Compensatory damages in daycare negligence lawsuits can differ by state as well as case-by-case but may include current and future medical bills, rehabilitation, and physical and psychological pain and suffering.

Contact the Law Office of Ryan S. Goldstein to Schedule a Free Consultation

If you or a loved one has been injured, or a loved one has been killed as a result of negligence supervision, daycare negligence, or any other accident, the Law Office of Ryan S. Goldstein can help maximize the compensation to which you may be entitled. Contact us to schedule a free consultation.

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


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