Mother Blames Daycare for Child’s Injuries

In recent months, we have been hearing more and more about daycare injuries. While some daycare operators and insurance companies like to believe this is just the latest fad in personal injury litigation, this is far from truth. The reason for an increase in personal injury lawsuits involving daycare accidents is not because there are more cases, but because the media is finally starting to give this serious and often preventable issue the attention it deserves.

childgroup.jpgOne of these tragic injury accounts can be seen in a recent article for the WV Record. Here, a mother is alleging her child’s serious injuries were a direct result of her daughter’s daycare center’s negligent conduct. According to reports, plaintiff alleged in July of 2013, daycare employees did not supervise plaintiff’s 13-month-old daughter when she tried to crawl out of her bed and, in the process, fell to the floor, sustaining an injury. Plaintiff further alleged daycare operator called her and told her that her child had fallen. Mother decided to leave work early and was on her way to the daycare center to pick up her daughter when daycare center allegedly called her back and told her not to worry, as her child was fine and child did not need any medical attention.

Around four hours after their second phone call, defendant called mother again and said her daughter would not stop crying and appeared to be in pain, as stated in plaintiff’s complaint. At this point, child’s father picked her up from daycare and took her to a medical center. Doctors determined she had a broken leg and put a cast on daughter, which she needed to wear for four weeks.

Mother says, to this day, her daughter does not use her leg in a normal manner, as she does not walk properly and will not put weight on the injured leg. Mother also claims in her legal pleadings treating physicians believe she will continue to suffer leg pain for the rest of her life and develop painful arthritis as result of her fall accident.

Through her legal action, plaintiff seeks damages to compensate for her daughters medical expenses, future medical expenses, as well as punitive damages, as she alleges not only did daycare center fail to provide timely medical attention, they were extremely negligent in not supervising her while she was sleeping in her bed, and, had they been doing their job, this accident would not have occurred.

As our Spartanburg daycare injury attorneys can explain, parents put a tremendous amount of trust in daycare providers each and every morning when they drop off their children. Choosing a daycare provider is no easy task. It is often necessary to tour several daycare locations before you find one you trust to watch your children.

Parents often ask a variety of questions during their visits to find out about daycare employees, their backgrounds, training and experience, to make sure their children are not in danger. They ask whether their children are being watched at all times and, if they chose that particular daycare, they were likely assured this was the case. If it turns out an accident occurs because a daycare provider has violated your trust, you may have a valid personal injury lawsuit against daycare provider.

It should be noted, as of the time of this article, daycare provider discussed has not been found liable of any negligence or charged with any criminal act in connection with this fall injury. These are merely allegations raised in a civil complaint.

Contact the Carolina injury lawyers at the Lee Law Offices by calling 800-887-1965.

Additional Resources:
Woman blames daycare center for daughter’s injuries , April 27, 2015, WV Record

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Monfore v. Phillips – $1M Medical Malpractice Verdict Affirmed, Feb. 21, 2015, Spartanburg Nursing Home Abuse Lawyer Blog

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