Chattanooga Daycare Negligence Lawyer
Was Your Child Injured While at Daycare?
England Injury Law Assists Parents in Holding Negligent Daycares Responsible
Leaving your child at daycare must be accompanied by the assurance that they will be safe, well cared for, and well supervised. Sadly, not all centers meet that promise, and accidents do occur. Whatever the reason, lack of supervision, unsafe conditions, or negligence on the part of staff a daycare injury can have a significant impact on your child and your family.
We know how disappointing it is for you to learn your child has been injured in a place that was meant to provide care and protection. England Injury Law serves families who have experienced daycare injuries and negligence and helps them receive justice and compensation.
If your child was hurt because of negligence at a day care facility, call England Injury Law for a free consultation to find out about your legal rights.
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What is Daycare Negligence?
Kids will be kids. At what point is it neglect on the part of the facility?
Kids are active and curious by nature. Bruises and scrapes occasionally are a natural part of childhood.
Daycare negligence occurs when a daycare center or facility neglects to carry out its lawful duty to keep a child safe from harm. This involves situations where the possibility of injury or abuse is increased as a result of the actions or inaction of the daycare center. In daycare injury lawsuits, lawyers try to establish that the daycare facility or staff violated their duty to care, thereby inflicting avoidable injuries.
A few examples of daycare negligence are:
Failure to Provide a Secure Environment: Daycares should maintain clean, secure environments, such as safeguarded play areas and clean equipment.
Failure to Supervise (Insufficient Supervision): Children must be supervised by staff at all times to prevent accidents, fights, or contact with hazardous situations, materials, or persons.
Failure to Employ Qualified Persons: Background screening, training, and experience are significant elements that assist daycare workers in the sufficient care to children.
Physical Abuse: Any form of physical harm caused by or permitted by the daycare staff is a gross abuse of a child’s rights and well-being.
If your child was hurt due to negligence on the part of the daycare, a lawsuit might be necessary to hold the facility responsible and deter similar situations in the future.
Signs of Daycare Abuse
Negligence injuries are troubling, but abuse is more troubling. If a child is abused in daycare, there are usually physical, emotional, and behavioral warning signs. Parents can look for the following red flags:
- Unexplained Bruises, Cuts, or Welts
- Fear of Going to Daycare
- Abrupt Changes in Behavior
- Nightmares, Sleep Difficulty, or Bedwetting
- Developmental Regression
- Avoidance of Specific Staff Members
- Overly Sexualized Behavior or Knowledge
- Sudden Physical Contact Avoidance
Daycare Injuries Concerning Trend
Based on data released by the Tennessee Department of Human Services, “serious injury incidents” in Tennessee daycare centers significantly increased over the past few years.
“Serious Injury Incidents” refer to instances where a child in a daycare center needed treatment from a medical practitioner. The above instances are excluded, where a medical practitioner checked a child and found that no injury was sustained or no treatment was warranted. Data released show an alarming trend:
2023: 806 serious injury incidents
2022: 493 cases of severe injury
2021: 548 serious injury events
2020: 460 serious injury cases
Chattanooga Daycare Injury FAQs
What Should I Do If My Child's Daycare Contacts Me About an Injury?
If the daycare facility calls you about your child being injured, remain calm and ask them to walk you through it step by step. Get all the details. When did it happen? Who was present from the staff? What care was given afterwards? Was an emergency call made to authorities? If so, who responded to the call? Don’t forget to ask for a written report of the incident.
If you do pick up your child, examine their injuries closely and photograph them. Even if the injury does not seem serious, get a doctor to examine it if they have not already done so. The more documentation you can have from the beginning, the better you will be in the event questions arise down the road.
What If There's No Incident Report, But My Child Complains of Pain or Describes an Injury?
If your child comes home and tells you that they were injured at daycare and no one from daycare called you, first tend to their well-being. Pay close attention to the story and jot down what they tell you in their own words. Take pictures of any visible injuries and get medical care if necessary. Then contact the daycare in writing and inform them what your child reported to you and requesting an explanation. Inquire whether they possess surveillance video that could inform you of what took place.
If the daycare’s explanation doesn’t make sense, you may consider calling Tennessee’s Department of Human Services to file a report.
Should I Report My Child's Daycare Injuries to Authorities Beyond Medical Providers?
Yes, reporting the injuries to the authorities generates a formal record.
The Tennessee Department of Human Services licenses daycare centers and should be aware of any major safety issues. You can also report to the Department of Children’s Services or even the local police if you believe something criminal occurred. It’s not about getting the person in trouble that these events are reported it’s about making sure something is documented that occurred so other children aren’t affected by future occurrences and you have documentation in the case of any type of legal matter.
Can I Request Video Footage or Speak with Staff About My Child's Injury?
Yes. Request it in writing so that it is on record, and be as specific as possible regarding the date, time, and place your child was hurt. Ask to speak to employees who were there and to view any incident reports they filed.
Some daycares might hesitate to show you video, citing other children’s privacy, but they should be willing to talk to you about it. They should not refuse reasonable requests for information and the refusal itself could potentially be a red flag.
What Is A Lawyer's Role In A Daycare Injury Claim?
If your child has been harmed as the result of abuse or neglect at a daycare facility, an experienced lawyer can provide you with the guidance and insight you need during an emotionally exhausting experience.
A daycare injury lawyer can explain your legal recourse, thoroughly investigate the situation, deal with the insurance company in negotiations while seeking fair compensation for your child’s injuries. A lawyer can also serve to hold the daycare center accountable so that other families do not experience the same.
What Compensation Can Tennessee Families Receive for Daycare Injuries?
Every case is different, but families can potentially recover costs for medical treatment their child needed and might need in the future. These can range from hospitalization to follow-up appointments, physical therapy, and counseling.
Parents may reimbursed for lost wages when they take care of their injured child. There may be compensation for pain and suffering of your child, which covers the physical along with the emotional hurt your child experienced. Where the behavior of a daycare has been particularly egregious, courts sometimes award punitive damages to discourage the same behavior in the future.
How Do I Determine If My Child's Injury Was Due to Negligence or Normal Childhood Activity?
This is difficult to answer without knowing the specific facts of your situation. Children typically get bumps and bruises while playing and growing up.
Yet, there is a difference between an ordinary playground fall and one that happens because of lack of supervision or unsafe conditions. Trust your instincts as a parent. If something does not add up about how the injury was sustained or the explanation just does not fit the injury that you are observing, it is worth speaking with an attorney who represents daycare injury cases in Tennessee.
At England Injury Law, we offer free consultations where you can all the questions you need for peace of mind.
How Can I Prove Negligence in a Tennessee Daycare Injury Claim?
It’s all about proof and documentation. Document everything you can.
Take pictures, keeping medical records, and keep a diary of your child’s symptoms and healing. Your attonrey will investigate if the daycare was negligent, if they broke any Tennessee childcare laws, or if they disregarded safety policies.
Neglect is sometimes apparent, such as leaving a young children alone, and sometimes it comes to light after investigating the matter.
Testimony from other staff or parents who witnessed the accident occur can be important, as can records of previous similar accidents occurring at the facility.
As a claim unfolds, there are different levers your attorney will pull to keep your child’s and family’s interests at the forefront.
Should I Speak with the Daycare's Insurance Company If They Contact Me?
You are not required to speak with them, and in most instances, it is best that you don’t. Insurance adjusters can seem to be friendly and sympathetic, but keep in mind that their role is to safeguard their company’s best interests.
You can simply refuse to comment on the matter and refer them to your lawyer if you have one.
If you haven’t had a chance to speak with a lawyer yet, do so before starting any kind of communication with any insurance provider.
Whatever you do, do not sign anything they send to you without legal review, as it may waive significant rights. Even if you do not speak with them, make a note of each time they contacted you and the name of the person calling.
If you hire an attorney for you claim, all of these types of calls will be handled by your attorney and their staff.
What Are Common Daycare Injuries?
Common Injuries in daycare facilities usually involve falls with resulting broken bones, head trauma, choking hazards, burns, allergic reactions, and severe cuts or bruises. Children can experience preventable illnesses or even in the absolute worst cases physical or emotional abuse.
