Sending your child to daycare can be a stressful experience for any parent. You are entrusting the care of your child to someone else for hours each day. While most daycares provide quality care, negligence can and does occur. As a parent, it is important to recognize the signs of negligence and understand your legal options if it happens in Alabama. This article provides an overview of daycare negligence, how to identify it, and steps for taking legal action in Alabama if needed.
What is Daycare Negligence?
Daycare negligence refers to when a daycare facility or staff member fails to provide the reasonable level of supervision and care necessary to ensure a child’s safety and well-being. Negligence can come in many forms, such as:
- Improper supervision – Children left unattended, staff not properly monitoring kids, lack of proper child-staff ratios.
- Unsafe conditions – Broken toys/equipment, unsanitary conditions, hazards that pose risks to children.
- Inadequate training – Staff not properly trained in CPR/first aid, not trained in facility policies and state regulations.
- Child abuse – Physical, emotional or sexual abuse inflicted by staff.
- Failure to report signs of child abuse or neglect.
- Dispensing incorrect medications or dosages.
- Hiring unqualified staff.
If a daycare fails to meet the basic duty of providing reasonable care and a child gets injured as a result, the facility may face negligence charges.
Recognizing the Signs of Negligence
As a parent, you know your child best. Paying attention to possible red flags or changes in your child’s behavior, mood, health or appearance could indicate problems at their daycare. Some signs of negligence to look out for include:
- Unexplained injuries – Cuts, bruises, burns that your child can’t explain or that don’t match the daycare’s explanation.
- Changes in behavior – Acting withdrawn, afraid, anxious, or unusual aggression.
- Poor hygiene – Consistently dirty diapers/clothes, lice/bed bugs.
- Illness – Getting sick frequently could signal unsanitary conditions.
- Lack of supervision – Child consistently coming home with soiled clothes or reporting that no one played with them.
- High staff turnover – May signal problems at the facility.
Any signs of abuse, such as unexplained marks, changes in behavior and emotional distress are cause for immediate attention. Do not disregard your instincts – you know your child best. Document any concerning signs.
Steps for Taking Legal Action in Alabama
If you suspect your child has been injured or endangered due to daycare negligence, prompt legal action is key. Follow these steps:
- Report issues immediately – File a report with the daycare director and the Department of Human Resources (DHR). DHR licenses daycares in AL and investigates negligence reports.
- Document evidence – Take photos of injuries, keep detailed notes about conversations and observations. Obtain copies of daycare policies and licensing regulations.
- Consult an attorney – An experienced personal injury lawyer from Monge & Associates can evaluate your case and advise if you have grounds for a lawsuit. They will determine legal deadlines.
- File a written complaint – Have your attorney assist you in filing an official written complaint with the daycare, the DHR, and if applicable, local law enforcement.
- Consider settlement – Your lawyer can negotiate a settlement agreement if the daycare is willing to settle out of court. If not, filing a lawsuit is the next step.
- Prepare your case – Your lawyer will handle collecting evidence and documentation, identifying witnesses, demonstrating how the daycare breached its duty of care, and showing how this directly caused your child’s injuries or trauma.
- Consider trial – If a settlement cannot be reached, your case will go to trial. Your lawyer will advocate for just compensation for your child’s injuries, suffering and all associated costs.
Holding Negligent Daycares Accountable
Daycares and staff should absolutely be held accountable when lapses in care result in harm to a child. Justice may include termination of neglectful staff, fines and penalties for the daycare, and compensation to cover medical expenses, therapy costs, trauma and lost wages for caregivers. By taking legal action, parents not only get reparations, but also help prevent such negligence from recurring.
Common Defenses Used by Daycare Centers
Here are some of the common defenses used by daycares in negligence lawsuits in Alabama:
Contributory Negligence
The daycare may argue that the parents were also negligent in some way that contributed to the injury. For example, not informing staff of a child’s allergies.
Assumption of Risk
Daycares may claim that by enrolling in their facility, parents assumed common risks that come with group childcare environments. However, this does not absolve gross negligence.
Lack of Causation
The daycare may deny that their actions actually caused the injury or harm to the child. They may claim the injuries happened at home or for unrelated reasons.
State Immunity
Some daycares may claim they are protected under state statutory immunity laws that limit liability for state-regulated entities. This protection has limits if negligence is proven.
Lack of Duty
The daycare may try to deny they had a legal duty to prevent the injury. However, licensed daycares have a standard duty of providing reasonable supervision and care.
Act of God/Third Party Defense
Daycares may claim situations were out of their control, such as injuries caused by a natural disaster or third party criminal acts. These defenses have to meet strict burden of proof.
Injuries Part of Normal Childhood
Daycares may try to normalize certain minor injuries as just being part of a typical childhood at daycare. This does not apply to serious, preventable injuries resulting from negligence.
Choosing daycare is a major decision, so take time to thoroughly research options. While no daycare can prevent every accident, clear negligence is unacceptable. Trust your instincts – if something seems off with your daycare, it may be time to re-evaluate. Under Alabama law, you can take action if your child has suffered due to the negligent actions of a daycare.
With the help of an experienced attorney from Monge & Associates, you can work to hold accountable those entrusted with your child’s safety and well-being.
We have offices in 32 locations and 19 states, including Alabama, Arizona, and Colorado.
Call now for a free consultation on (888) 477-0597 if your child has been injured at daycare.