Daycare And School Accidents

What Are Common Injuries In Schools And Daycares?

While daycare and school have many overlapping features, the unique setting of each can pose different risks for injury. Additionally, those who are most vulnerable to injury include younger children, students with disabilities, and kids who may be unable to take control of their own safety when they’re at school. 

In the daycare setting, children rely on teachers and other adults to ensure their safety. If a daycare teacher or staff member acts negligently, children can suffer physical and mental consequences.  

Some child injury claims in a daycare setting can include: 

• Choking or strangulation 
• Slips and falls, bruises and scrapes 
• Allergic reactions 
• Playground injuries
• Broken bones associated with playground injuries 
• Head injuries, including concussions 
• Physical and emotional abuse 

In K to 12 schools, many of these same risks of injuries exist. However, as children get older, they may face other risks, including violence from other classmates, bullying that leads to physical assault, and other injuries. 

What To Do If Your Child Was Injured At Daycare Or School

If your child is injured at daycare or while at school, it’s important to know how to respond, who to speak with, and what to do regarding legal action. If your child has suffered an injury, keep the following in mind: 

• Seek medical attention immediately: Many schools and daycares have on-site nurses who can evaluate your child if they have been injured. While this could be a good first line of medical assistance, it’s important to follow up with your child’s healthcare provider to ensure any injuries they sustained are treated properly.
• File an incident report: Speak with the daycare supervisor or school principal to file a report. A report establishes a history of your child being injured and how they were injured. The report will also include the adults involved and the circumstances of the accident. 
• Take pictures: Collect images of your child’s injuries and, if possible, where the injury happened
• Seek legal help: If you believe your child was injured because of the negligence of another adult, the daycare owner, or because of a failure on the part of the school district, you may have a claim to pursue a personal injury lawsuit. An injury attorney can help you understand your legal rights and options and explore the next steps. 

Can I File A Lawsuit If My Child Was Injured At School?

You may have the ability to pursue legal action and file a personal injury lawsuit if your child was injured while at school. In order to do so, however, you must be able to prove negligence. Negligence is a legal concept allowing a victim to hold a responsible party accountable for injuries they’ve sustained.

Parents of children injured at school may also be able to pursue a lawsuit claiming violations of premises liability. Premises liability is a legal concept that stipulates a property owner can be held liable for accidents on their property. For premises liability to be established, the victim must show that the property owner was negligent. A premises liability lawyer can also help you bring a case against a privately owned daycare or a daycare that is operated outside of a home. 

Who Can I Sue For My Child’s Injury?

Who you can sue after your child was injured largely depends on where they were injured, as this will determine liable parties. Generally, after an accident at a daycare or school, the following parties can be held liable:

• The school district 
• The school, principal, and other adults who were present or involved in your child’s injury
• Board members
• A daycare owner and any faculty or staff that were involved in the accident
• The manufacture of a playground if the injury happened on a daycare or school playground 
• Another student or the parents of the student if your child was injured because of school violence such as a physical assault  

Know your rights. Contact the legal team at Adam S. Kutner to explore your legal options if your child was injured at daycare or school.