When you leave your child in the care of a daycare facility, you trust that they will be supervised, well-nourished, and given age-appropriate care. However, when this trust is breached through neglect or abuse, it can result in serious injuries to your child. This is every parent’s worst nightmare, and if it happened to your child, you are most likely enraged. Fortunately, there are things you can do to seek justice, and our firm can help you along the way. If you find yourself in this situation and are seeking financial compensation to help cover the cost of your child’s medical bills, in-home care, or any other damages sustained in an accident or act of abuse, the following blog and experienced Harrison personal injury attorneys can help you recover the justice your child deserves.
What Constitutes Daycare Negligence Under New York Law?
Daycare negligence occurs when a child care facility does not provide reasonable care or supervision, ultimately resulting in preventable injury to the child. Daycare negligence claims in New York are based on established personal injury elements, requiring proof of duty, breach, causation, and damages. All child care facilities in New York must not only be licensed but also operate in accordance with the safety and supervision standards imposed by the New York State Office of Children and Family Services, which includes ensuring safe premises, adequate supervision, and compliance with state child care regulations. Daycare negligence claims often involve premises liability, negligent supervision, inadequate staff training, and violation of New York statutory guidelines and regulations.
Common Examples of Daycare Negligence
- Failure to adequately supervise children on playground equipment
- Leaving children unsupervised in classrooms
- Hiring staff members without conducting background checks
- Ignoring allergies or medical conditions
- Utilizing unsafe or broken playground equipment
- Leaving hazardous materials, like cleaning supplies, accessible
- Failure to provide adequate meals or hydration
- Physical or emotional abuse
- Allowing bullying or unsafe behaviors between children
What Are the Warning Signs of Daycare Abuse or Neglect in Westchester County?
Though it can be upsetting and scary to think about, understanding the signs that your child may be a victim of those entrusted with their care is critical to quickly intervene. Unfortunately, not all signs of abuse or neglect are visible or obvious, as behavioral changes often serve as an early indication that something is wrong.
Behavioral Warning Signs
- Sudden fear or aversion to daycare
- Withdrawal or unusual anxiety
- Reluctance to discuss daycare activities
- Aggression
- Nightmares or difficulty sleeping
- Statements that indicate inappropriate behavior
Physical Warning Signs
- Recurring head, neck, or back injuries
- Weight loss
- Signs of malnutrition or dehydration
- Untreated cuts or infections
- Bruises and scratches
- Sudden regression in developmental milestones
- Continual accidents without explanation
Serious injuries that occur at daycare and other child care centers may include concussions, internal bleeding, and even long-term neurological damage.
Can You Sue a Daycare Facility in New York?
Yes, you can sue a daycare if their negligent actions or abusive behavior resulted in injury to your child. Cases in Westchester County are generally filed in the New York Supreme Court within the county, which handles civil personal injury matters that involve considerable damages. In order for a suit to be successful, you must prove:
- The daycare owed your child a duty of care
- The daycare breached that duty by acting negligently or abusively
- Your child suffered injuries as a direct result of the breach
- There are measurable damages as a result of their injuries
Evidence That Strengthens a Daycare Injury Claim
- Photographs of injuries and unsafe conditions on the premises
- Police reports, if available
- Incident reports from the daycare
- Medical records showing injuries
- Expert testimony
- Inspection records
- Surveillance footage
How Long Do YouHave to File a Claim?
If your child is the victim of daycare abuse or neglect in Westchester County, you will have three years from the date on which the incident occurred to file a claim. This is in accordance with the statute of limitations for personal injury claims in New York. However, because the victim is a minor, tolling rules may apply that ultimately extend the deadline. As such, consulting with an experienced attorney is in your best interest to understand these exceptions.
What Compensation Can Be Recovered in a Daycare Negligence Case?
In the event your child has suffered injuries while at a daycare facility in Harrison, Rye, or Port Chester, understanding the compensation you may be able to recover on their behalf is critical. Typically, this includes both economic and non-economic damages.
Potential Recoverable Damages
- Medical expenses
- Ongoing and future medical care
- Physical therapy or rehabilitation
- Mental health counseling
- Pain and suffering
- In-home care or special education services
- Permanent disability
- Loss of future earning capacity, in extreme cases
What Should You Do Immediately After a Westchester County Daycare Injury?
If you discover that your child is the victim of abuse or neglect at their daycare facility, taking immediate action is critical to protect not only your child’s health, but your right to file a legal claim on their behalf.
Immediate Steps to Take
- Seek medical treatment for your child immediately
- Take photographs of all visible injuries
- Request a copy of the incident report
- Report your concerns to state authorities
- Do not sign any legal waivers without attorney review
Parents in Westchester County may also request inspection histories through state regulatory agencies to determine if prior safety issues have been raised at the same facility.
If you believe the injuries your child has suffered are the result of abuse or criminal conduct, you should report the incident to local law enforcement and child protective services.
Contact Our Experienced Westchester County Firm
If your child has suffered injuries in the Lower Hudson Valley region as a result of the negligence of those you’ve entrusted with their care, it’s critical to understand that you do not have to bear the burden of pursuing legal action on your own. At Hausman & Pendzick, our dedicated legal team is here to assist you every step of the way. Contact us today to learn how we can fight for you and your family.