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.