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Personal Injury

Daycare Injuries: How to Prove Negligent Supervision

Summer’s just around the corner, and parents all over the city of Austin are looking for daycares and summer camps to keep their kids active and taken care of during the work week.

When you drop your child off at their daycare provider, you want to rest assured that their wellbeing will be the facility’s number one priority. However, accidents do happen, and under the wrong circumstances your child could end up suffering an avoidable injury.

If your child’s injury was caused by the negligent actions of a daycare provider or summer camp staff, you may be entitled to compensation. The expert personal injury attorneys at The Stewart Law Firm explain below.

Most common daycare and summer camp injuries

While summer camp and daycare staff usually do all they can to keep the kids in their charge safe, sometimes accidents are unavoidable. Other times, the staff may have acted in a negligent or irresponsible way.

Whatever the cause, here are some of the most common ways children can be injured or __ while they’re away from home at daycare or camp:

  • Falls
  • Collisions
  • Cuts
  • Burns
  • Swimming accidents
  • Heat exhaustion
  • Bus or car accidents
  • Rashes or allergic reactions
  • Insect or animal bites
  • Contagious illness

What is negligent supervision?

So your child was injured, got sick, or was otherwise harmed while at summer camp or daycare. What now?

If your child’s injury was the result of a negligent or inattentive caregiver, you may be able to file a lawsuit for compensation because of “negligent supervision.”

There are two kinds of cases when it comes to the negligent supervision of children:

  • If your child was hurt due to the inattentiveness of a caregiver.
  • If your child or your property was injured because a caregiver failed to supervise a child.

Staff and daycare facilities can both be held responsible when they fail to properly supervise children. This means, depending on the circumstances, you may be suing the daycare facility itself or an individual employee.

How to prove negligent supervision

Before you file a lawsuit against the daycare facility, your child should receive complete medical treatment for their injuries from a qualified physician.

Make sure you obtain and keep the medical bills and medical reports after their treatment is completed. These documents provided by the physician will demonstrate the nature and extent of your child’s injuries and help determine the amount of compensation for pain and suffering.

Once you have proper documentation, you will need to demonstrate four things to prove that the daycare facility or their staff failed to uphold their duty of care when your child was injured:

  • That the facility or individual had a duty of care to protect your child
  • The cause of the injury or how it occurred
  • That the nature of the injury was foreseeable
  • How your child, you, and your family have suffered financially, physically, and emotionally from this injury

Hire a personal injury attorney in Austin today

At The Stewart Law Firm, PLLC, our job is to help families who have been wronged by no fault of their own to seek justice. If your child was injured because of the negligence of a daycare or summer camp, our attorneys have the experience and knowledge of the law to make sure you get full compensation. Let us help you today.

Contact our Austin team personal injury attorneys to get started on your case today.

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