Proving a Breach of Duty of Care in Daycare Liability Cases
To build a child injury claim, parents should explain the following to their personal injury lawyer:
- Was the child injury a result of insufficient supervision by the daycare workers or babysitter? If so, the daycare may be liable for negligence related to the employees’ actions.
- Could the child injury have been prevented? For example, a child falling from playground equipment could likely have been prevented with proper supervision.
Your claim must also consider “causation” and “proximate cause.” Proving causation is proving that the daycare’s negligence caused the child injury. Proving proximate cause is proving that no unforeseeable intervening events caused the child injury.
Before filing a claim with the daycare facility’s insurance carrier, consult a lawyer to ensure that you fully understand liability laws and that your child’s rights are addressed.
