If your child was injured at a daycare in Washington, you might be able to take legal action. However, not every injury warrants a lawsuit. A qualified personal injury lawyer can help determine if the daycare was negligent or malicious and what steps you could take. Sometimes the best approach is to file a claim to pursue compensation for your child’s medical bills.
At Ladenburg Law, we’ve helped many families over the years seek justice on behalf of their injured children. Today we wanted to share some general information on steps you should take right after discovering your child’s injury. Remember, this post is intended to offer general information only. Please contact us now at no cost for legal advice about your situation.
Sometimes, there are signs that abuse or neglect may be happening at your child’s daycare. Such signs could indicate a pattern of a daycare’s wrongdoing.
Has your child come home with any of the following?
You should also take note if the staff is evasive or resistant to discussing your concerns. The important takeaway is that you should monitor your child’s physical and mental wellbeing. If you notice changes, pay attention.
As you might imagine, Washington State has many laws in place to help protect children and prevent injuries. These laws cover a wide range of considerations, including reporting, safety, background checks, staff requirements, and more.
The table below outlines some of Washington State’s requirements about daycares.
|WAC 110-300-0010||Daycare facilities must be licensed|
|WAC 110-300-0100||Staff must meet basic requirements|
|WAC 110-300-0130||Indoor spaces must meet certain safety criteria|
|WAC 110-300-0145||Outdoor spaces must meet certain safety criteria|
|WAC 110-300-0165||Facilities must have many safety protocols to reduce hazards to children|
|WAC 110-300-2230||Staff need to be CPR certified|
These are just a few of the many daycare laws for Washington State. The full list is found at WAC 110-300, which is entitled “Foundational Quality Standards for Early Learning Programs.” If your child was injured because of a failure of a facility to abide by one of these laws, you should reach out to a personal injury attorney for help.
There are two steps we recommend you take when your child has been hurt at a daycare.
Our memories are not as reliable as we’d like to think. Taking early action such as gathering photos, notes, and medical records will help your case.
Unfortunately, accidents happen. The good news is that most of the time, injuries are not serious and temporary. While you and your child might be shaken by what happened, a lawsuit might not be your best course of action in this case.
But that doesn’t mean you’re without options. Here are some ideas:
Not sure how serious the injuries are? Or maybe you just want to run what happened past an attorney with experience in this area? Don’t hesitate to call us. There’s never a fee for an initial evaluation of your case. We’re always happy to help people understand their legal options.
There are times when it’s clear your child’s injury isn’t minor or going to go away in a couple days. In the State of Washington, there were 599 serious injuries and 118 child abuse incidents at daycares in the five-year period spanning from 2016 to 2021.
What makes up a “serious” injury? Some of these include:
Injuries of these nature can come with big costs. You’re likely to have medical bills (which maybe include expensive hospital stays), missed work, plus the anguish of watching your child in pain. Some injuries leave children in need of lifelong medical care or leave them permanently disabled. The pain is intensified if your child’s injuries were due to physical or sexual abuse. Make sure to read our post, Is My Injury Serious Enough for a Lawsuit? for more details.
In order to have a case against a daycare, you need to be able to demonstrate that your child’s injuries were caused due to negligence or deliberate wrongdoing. In other words, your child would not have been hurt were it not for the daycare’s behavior.
Here are some hypothetical examples of daycare negligence:
In some of these scenarios, daycare staff could face criminal charges as well as civil penalties. One of our experienced attorneys can help determine if negligence was a factor in your situation.
If a daycare worker’s negligence caused your child’s injuries, it’s time to pick up the phone and call a personal injury lawyer. In many cases, you can still file a lawsuit, even if you signed a liability waiver with the daycare facility.
Our attorneys at Ladenburg Law are here to help. You may wish to read about our process for seeking justice when a child has been injured at school. We do not charge for an initial consultation about your case. Plus, you’ll only pay us if we’re able to win you a settlement.
Don’t hesitate to call us today and let us know what happened.