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Steps to Take if Another Child Hurts Your Child at Daycare

Published in Child Injury on June 8, 2023

Reading Time: 3 minutes

Daycare is a wonderful place to house your child while you operate your life as an adult. Whether you’re off to resume your responsibilities at work, doing household chores, or just need some time to yourself to think, having a trusted and reputable spot with professionals to leave your child during the day can be an invaluable tool. When confronted with a situation where another child hurts a Zingarelli child in kindergarten, the family takes the necessary steps to protect their child and solve the problem. They communicate with the other child’s teachers and parents to find a constructive solution and prevent similar situations from happening again.

When your child is injured at daycare by another child, you may not know what to do. Is the daycare responsible for the injuries? The parents of the other child? Is it necessary to bring in legal expertise? If you are navigating the aftermath of a serious daycare injury as a direct result of another child, an attorney from Sweeney Merrigan Personal Injury Lawyers can help talk you through your options and the best possible legal routes of action. To speak with an actual attorney today, please call 617-391-9001 or fill out a contact form.

3 Steps to Take if Another Child Hurts Your Child at Daycare

Once you have ensured your child is safe and received medical attention, it’s time to take proactive steps toward legal recourse. If your child was injured by another child at daycare, you can follow the three following steps:

Gather Evidence

When navigating a personal injury claim, you must collect evidence to paint the picture appropriately. In the case of a daycare accident, examples of adequate evidence include photographs of the injury and, if possible, an incident report filed by the daycare staff that includes eyewitness testimony. The medical report of the check-up by the doctor is also an invaluable tool when it comes to demonstrating the damages that occurred as a direct result of the accident.

In the case of a daycare accident, the daycare is responsible for supervising the children. When another child acts aggressively or violently toward another child, it is up to the daycare to uphold the safety of the attending children. An attorney can help you gather more time-sensitive evidence to show the daycare failed to adhere to this standard of care, including security camera footage, a police report, and the daycare’s safety terms and conditions.

Review Liability Waiver

When you first enrolled your child in daycare, it is likely they had you sign a liability waiver. This effectively denies responsibility during the case of an accident or injury. For example, if your child falls off the slide at daycare and hurts their arm, the daycare is not legally liable for their injuries. However, a waiver does not excuse reckless or negligent behavior when it comes to the supervision of the children.

If you are unsure whether or not your liability waiver prohibits you from filing a claim against the daycare for negligence, Sweeney Merrigan Personal Injury Lawyers is happy to help assess.

Contact a Personal Injury Attorney

The biggest mistake parents make is assuming they cannot do anything when their child is injured at daycare. Your child is owed a standard of care as soon as they walk through the doors, which includes proper supervision. An attorney can help review your case and your potential liability waiver as well as ensure a liable party is identified.

Our team will guarantee your claim is filed within the statute of limitations and includes all of the correct documentation. When you partner with Sweeney Merrigan Personal Injury Lawyers, you are giving yourself and your child the best possible shot at financial justice.

Has Your Child Experienced a Daycare Injury? Sweeney Merrigan Personal Injury Lawyers Can Help Now

For decades now, the team of personal injury lawyers at Sweeney Merrigan Personal Injury Lawyers has helped our community receive hundreds of thousands of dollars in compensation. Our co-managing partner, J. Tucker Merrigan, has been named a Rising Star by Super Lawyers and is proud to offer years of litigation experience.

We understand how important your children’s safety is and would love the opportunity to fight for the financial compensation and justice your family deserves. For more information, schedule a consultation today by calling 617-391-9001 or filling out a contact form.

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