California Daycare Accident Lawyer
Many California parents work, causing them to rely on daycares to care for their children in their absence. California knows how important it is to keep children safe in a daycare setting and has many important rules and regulations that daycare centers must abide by to remain in operation. Unfortunately, though these regulations are in place, accidents still happen. If a member of your family has been hurt in a daycare setting, meeting with an experienced California daycare accident lawyer today can help you learn about your rights during this trying time.
Reach out today to schedule your 100% free and confidential consultation. During this meeting, we will listen to the details of your case and work to prepare a plan to fight for you. We will then share our specific plan for your case with you. Even though we would love to work with you, you are not obligated to continue working with us after your consultation.
If you are ready to take the next step and begin working with a California daycare accident lawyer, please call Singh Ahluwalia Attorneys at Law at Call (559) 878-4958 or Contact us online to set up your free, no-obligation consultation.
What Are the Hazards Commonly Found in Cases By a California Daycare Accident Attorney?
If your family finds itself in the unfortunate position of finding a daycare injury lawyer, look no further than Singh Ahluwalia Attorneys at Law. Our experienced lawyers will work tirelessly on your behalf, fighting for your family’s right to demand justice and seek fair and appropriate restitution.
Though most daycares take extensive measures to ensure the safety of the children they serve, that doesn’t mean that accidents never happen. In fact, daycare accidents are unfortunately far more common than anyone would wish. Some hazards that may contribute to daycare injuries include the following.
Medications Improperly Stored
When medications, either prescription or over-the-counter, are not properly stored, the risk for injury increases. If children have access to this medication, the risk of poisoning or overdosing increases exponentially.
Cleaning Products Left Out
Another common hazard found at daycares is toxic cleaning products. Though we all want our children to have access to a clean and sanitary daycare environment, we don’t want children to have access to cleaning products themselves. Children are naturally curious, and it doesn’t take much imagination to see how these chemicals could cause serious injuries.
Sharp Objects Left in Reach
In a daycare, there are many legitimate reasons to need quick and easy access to sharp objects. Knives are necessary when preparing meals and snacks; scissors are constantly used by adults in the classroom to open boxes or prepare learning activities. Hypodermic needles may even be present if there are students who need them to receive their medications. However, just because they are present doesn’t mean that students should have any access to these tools. Sharp objects, when stored properly, do not generally pose much risk. When they are left in reach of young children, serious injuries could occur.
Improper Access to Stairways and Entryways
If stairways are present in a daycare setting, they should be safely blocked off from student access. Additionally, entrances should also have security measures that ensure students can’t wander away unnoticed. If children are allowed to access these areas, they are much more prone to receive injuries.
Presence of Deteriorating Objects
All furniture, toys, playground equipment, and vehicles children access should be checked regularly to ensure that they are in good condition. If a piece of furniture becomes unstable or if children are regularly allowed to play with broken toys or equipment, their chance of hurting themselves increases. Additionally, daycares should continually check to ensure that no furniture or toys on their premises have been recalled for safety issues.
Though this list includes many common hazards, it is not exhaustive. If your family has been affected by a child becoming injured after exposure to hazardous materials at a daycare facility, contact a daycare injury lawyer at Singh Ahluwalia Attorneys at Law today.
What Are the Most Common Daycare Injuries?
We know that injuries can happen anywhere, and if children spend significant time at a daycare, they are bound to receive an injury sooner or later. Luckily, most day-to-day injuries are minor and cause no lasting harm. Small scrapes and bruises are part of being a kid.
However, unfortunately, daycare injuries can also be much more serious, especially if children are exposed to hazardous materials or are not supervised closely enough. Some of the most common injuries that are typically suffered in daycare settings include:
- Falling injuries
- Being struck by objects falling from high shelves or furniture
- Scrapes, cuts, and bruises
- Broken bones
- Traumatic Brain Injuries (TBIs)
Sadly, many of these types of injuries can be avoided if the proper precautions are practiced.
The state of California has strict rules and regulations in place in order to help minimize risk to children in daycare facilities. There is no doubt that these rules have helped protect many children from becoming injured while at daycare. But, unfortunately, these regulations can’t protect every child. Negligence and other forms of wrongful behavior can lead to a child becoming seriously injured.
Do not be discouraged from seeking help from a daycare injury attorney if someone in your family has been affected by negligence or abuse from a daycare facility. We will assist you in investigating the incident and seek a claim to restore all damages your family has suffered.
Where Injuries Most Likely Occur at a Daycare Facility
If your child is enrolled in a daycare facility, it is likely that there are many other children who are also present. Even daycares with low staff-to-children ratios can have difficulty adequately monitoring every child all day.
When children aren’t supervised as well as they should be, the chance of injury increases. Even though there are strict rules about keeping areas and equipment well-maintained and free from hazards, accidents do happen.
Some of the places where most daycare injuries occur include the following.
One of the places where children are most likely to become injured is on the playground. Most children love to play outside, but with many students running around at one time, it can be difficult to supervise every child adequately. Unfortunately, this can have dangerous consequences. The most common playground injuries include broken bones from falls, traumatic brain injuries (TBIs), and strangulation.
Most classrooms inside daycare facilities are likely set up with small children in mind. However, accidents can occur if an area has too many sharp corners or isn’t properly secured. For instance, if there is no proper barrier between classrooms and the facility’s kitchen, students risk getting burned, cut, or sustaining other injuries. Additionally, young children may not know to avoid heaters or furnaces, so if they are improperly exposed to such heating devices, they may burn themselves badly.
While playrooms may generally seem innocuous at first, it is very important that daycare facilities check their toys regularly to ensure that they are not broken and are in good condition. Broken toys could cause scratches or cuts, but the real danger is that small children can access small toy pieces they could choke on. There are also high risks of toys containing lead or other toxic substances. It is the facility’s responsibility to maintain a safe environment for all the children they watch, including ensuring that children are not exposed to toys that are either inappropriate for their age or in bad condition.
Not all daycare facilities have pools, but some may. Additionally, your child may have access to a pool during a class field trip. There are strict rules surrounding access to pools, but if your child is ever left unattended near a pool or allowed to go in without the proper safety measures, they could drown.
Of course, when choosing a daycare facility for your child, it is always a good idea to tour it before sending your child there. This gives you a chance to look out for any hazards, and gives you the opportunity to observe how the staff there interact with the children. If you have any concerns, bring them up with the staff before making your decision.
California Daycare Laws and Regulations
California has many rules and regulations that childcare providers must follow in order to become a licensed daycare facility. Here are some of the requirements they must maintain in order to provide a safe environment for the children they keep:
- Specific staff-to-children ratios — CA law sets clear minimums for daycare staffing. For instance, for young children from the ages of 6 weeks – 18 months, there must be one adult for every four children, with a maximum of 12 children being cared for in each area. As children grow older and become more independent, the ratio can change, but it never gets higher than one teacher for every 14 children once those children have reached the age of 5.
- Well-prepared for emergencies — All daycares must keep emergency phone numbers posted by every phone in the facility. Additionally, well-stocked first aid kits must always be available and easy to access. Staff is also required to be certified in giving pediatric first aid.
- Safe storage practices — Daycare facilities must store cleaning supplies and other hazardous chemicals and materials safely and securely, meaning no children should ever have access to these items.
These regulations listed are only a sample of the many regulations that daycare facilities must follow.
However, it may sometimes be the case that a particular facility may not be legally licensed or may be out of compliance, which can lead to injuries. If you believe that your child was injured due to negligence or abuse of a daycare facility, reach out to a California daycare accident lawyer at Singh Ahluwalia Attorneys at Law. We will listen to the particulars of your case for free and with no obligation, and we can help you craft a legal strategy to give the best chance of receiving the compensation to which you may be entitled.
Personal Injury Claims at Daycares
When you sign your child up at a daycare, you may be asked to sign a contract with an indemnification clause. This type of clause states that if your child receives an injury at that location, the owner is not liable.
These clauses generally don’t hold up in court in case of a severe injury. However, it is the responsibility of the plaintiff to prove that the injury occurred because of negligence on the part of the daycare.
The following are the elements of negligence that must be proven when seeking a personal injury claim against a daycare facility.
Duty of Care
The court will use a prudent daycare center standard to determine if a childcare facility upheld its duty of care. In other words, the court would consider what a prudent daycare would reasonably do in a similar situation.
Breach of Duty of Care
A breach in the duty of care occurs when a daycare center has not done everything possible to protect children from undue harm. This breach can involve a dangerous action or a failure to act.
Direct and Proximate Cause
The plaintiff must prove that the child’s injury occurred as a direct result of the breach of the duty of care owed by the daycare facility.
To prove that an accident was due to negligence, the incident that caused the injury must have been reasonably foreseeable. If a child was poisoned due to the ingestion of cleaning products that were left within reach, the resulting injuries would be reasonably foreseeable to the staff and owners of the daycare.
Finally, the plaintiff has to prove that the injury caused loss or suffering to the child. The loss can be tangible or intangible, and may include any medical bills, out-of-pocket care costs, lost income while caring for the child, or any pain and suffering or emotional distress experienced by the child.
Hire a California Daycare Injury Lawyer Today
A California daycare accident lawyer can be a great asset if you feel that your child was injured due to the negligence of a daycare facility. A lawyer from Singh Ahluwalia Attorneys at Law can help you through the entire legal process.
We will thoroughly investigate your claim and calculate the full extent of all applicable damages. This process includes proving that the daycare owed a duty of care to your child, or had an obligation to keep them safe from harm. Next, your attorney will seek to establish that the daycare center breached their duty of care, and that breach directly caused injury to the child. Lastly, your attorney will prove damages to the child as well as tie a justifiable monetary amount to those damages.
In hiring a California daycare accident attorney from Singh Ahluwalia Attorneys at Law, you can rest assured that someone knowledgeable about the law is fighting for you. This leaves you time and energy to start rebuilding your life, knowing you have someone on your side.
If you are ready to start the process, or are even just curious if you have a case, please reach out to us when you Call (559) 878-4958 or Contact us online to set up your free, no-obligation consultation. We can’t wait to meet you and fight on your behalf.