Daycare centers are in a position of trust. Parents place their children in daycare when they must be away, typically while they are at work. These facilities have a duty to implement appropriate security measures to guard against dangers to the children in their care. When a child is injured due to daycare negligence, the facility may be held liable for damages.
What Security Measures Are Daycare Facilities Required to Take?
The security policy for childcare facilities is detailed in the Childcare Health and Safety Policy Manual. Among other requirements:
Background screening must be performed for all staff members before they are allowed on the premises when children are present.
Entrances to the facility must be kept locked from the outside but easily opened from the inside in case of emergency, and entrances must be observed by a staff member.
Layout and location of outdoor play areas must be designed to prevent easy access from the street. They must be protected by fences with gates to help prevent children from exiting without an adult.
Anyone who enters or exits the facility must use sign-in/sign-out procedures and document name, contact number, time in, time out, and reason for being in the facility.
Daily attendance records must be maintained to identify persons who bring in and pick up children, as well as arrival and departure times.
If a parent or guardian has not notified the facility that a child will be absent, the child’s caregiver or teacher must contact the parent or guardian within an hour of delayed arrival.
Custody court orders or issues must be copied and kept on file, and staff must be alerted to them.
Children must not be released to anyone who does not have permission from the parent or guardian to pick up the child.
If a parent or guardian arrives intoxicated or otherwise incapable of taking a child home safely, staff must call the police.
Staff must have a way to signal for help in case threatening behavior is displayed by anyone.
An indoor safety check must be performed in all classrooms and play areas once a day. Staff must resolve any hazardous situations or report them to the director.
Infants, toddlers, and preschoolers must be directly supervised by sight and hearing at all times. School age children must be within sight or hearing of a staff member at all times.
How Do You Know If a Daycare Was Negligent?
When a child is injured through negligence or abuse in a daycare center, the facility may deny any wrongdoing. Our personal injury attorneys have the knowledge, skills, and resources to conduct a thorough investigation and determine fault and liability. Although a daycare employee may be directly responsible for your child’s injuries, the facility also may have been negligent, for example, due to:
Lack of adequate security measures
Improperly installed playground equipment
Inadequate staffing
Failure to perform adequate background checks
Making dangerous toys available to children
Poorly maintaining facilities
What Are Your Options If Your Child Has Been Injured Through Daycare Negligence?
If your child was hurt in a daycare and you believe the facility was negligent, contact a child injury lawyer as soon as possible. You may have a claim for compensation against the facility. Damages you may be able to claim may include medical expenses, lost income, pain and suffering, and other losses related to your child’s injuries.
Contact The Husband & Wife Law Team to schedule a free consultation. We can tell you if you have a case and what damages you may be entitled to claim. We work on a contingency fee basis, meaning you pay us no fees until we recover compensation for you.