Austin Personal Injury Blog

Daycare Injuries: How to Prove Negligent Supervision

Posted By The Stewart Law Firm, PLLC || 2-Jan-2018

When you drop your child off at their daycare provider, you assume that their wellbeing will be the facility’s number one priority. However, accidents do happen and your child can end up suffering an avoidable injury. When their injury is caused by the negligent actions of the daycare provider or staff, you are entitled to compensation. In this blog, we talk about how to prove a negligent supervision claim.

Negligent Supervision of Children

There are two kinds of cases when it comes to the negligent supervision of children. The first case applies if your child was hurt due to the inattentiveness of a caregiver. The second case applies when your child or your property was injured because other people failed to supervise a child. Staff and daycare facilities can both be held responsible when they fail to properly supervise children.

What to Do Before You File a Claim

Before you go to 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. When you make your negligent supervision claim, you will need to include the medical bills and documents you obtained to account for your child’s pain and suffering. The medical reports provided by the physician will document the nature and extent of your child's injuries and help determine the amount of compensation for pain and suffering.

Proving Negligent Supervision

You will need to prove that the daycare facility or their staff failed to uphold their duty of care when your child was injured. To accomplish this, you will need to do the following:

  • Show the cause of the injury or how the injury occurred
  • Prove that the nature of the injury was foreseeable

At The Stewart Law Firm, PLLC, we strive to help families who have been wronged by no fault of their own seek justice. Let us help you today.

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

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