Kansas City Child Injury Lawyer for Daycare Negligence
In Missouri and Kansas, daycare centers are required to follow certain laws and regulations that were enacted to keep children safe. Unfortunately, those rules are sometimes not followed, and children get injured as a result. If a daycare’s failure to follow the law continues, other children are also put at risk.
Our Kansas City injury lawyer is committed to helping children who are injured due to daycare negligence throughout Kansas and Missouri. If your child has been seriously injured due to carelessness, recklessness or abuse at a child care center, you likely have many questions. Please know that our law firm is here to help and provide you with the answers you need.
We can help not only recover compensation for the medical bills, pain and other losses from a child injury but also fix the dangerous conditions, so another child does not get hurt in the future.
Get the compensation you deserve with trusted legal guidance.
Types of Daycare Negligence in Missouri & Kansas
Unsafe Premises. The daycare owner and their staff need to ensure that their facility is safe and secure for the children who are left their by their parents. This means that they should not be putting children in contact with dangerous materials or conditions. For instance, cribs should not include heavy blankets, the doors to the classrooms should be secured to prevent access from strangers, medications should be secured, and the cooking areas should be restricted to prevent burns.
Insufficient Staffing Ratios. Regulations require specific staffing ratios that vary depending on the age of the children. One reason staffing is so important is that children are curious, active and vulnerable to injury without necessary adult supervision. Unfortunately, when many daycare facilities need to cut costs, staffing is many times the first thing that is cut. When daycare centers fail to hire and retain necessary staff to supervise children, there in an increased likelihood of injury.
Failure to Train or Screen Employees. Daycares in Kansas City, whether in Missouri or Kansas, have a legal duty to protect your child from those who are not sufficiently trained, or who are not legally permitted to work with children. Background checks are just one piece of the puzzle. If a daycare center negligently hires or fails to train an employee, the owner or center manager may be held liable for any harm that results.
Unsafe Toys and Playgrounds. Toys should be inspected and removed if they have small or lose parts that pose a danger. In addition, cribs, and indoor and outdoor playground equipment should be safe and not permitted use if they have been been recalled.
Food & Health Safety Issues. Food allergies are an increasingly common issue for many young children. Cross-contamination or the failure to follow allergy warnings may cause dangerous or even deadly reactions in children. Food that is either spoiled or contaminated can also cause sickness and serious injury in young children.
Bodily Injury. It is not uncommon for children to suffer bumps and bruises at daycare. However, unexplained wounds or more severe injuries should raise concern, especially if there is are repeated injuries. Talk to you child. His or her response and behavior may reveal that something is wrong, especially if he or she is reluctant or afraid to go to daycare.
Common Causes of Daycare Injuries in Missouri & Kansas
Certainly, children can get hurt because of unavoidable accidents. However, in many cases, an important safety regulation or law has not been followed. Some common types of daycare negligence we see at our Kansas City child injury law firm include:
- Inattentive or abusive employees
- Failure to supervise or train employees
- Unsafe toys and equipment
- Unsafe classrooms or playgrounds
- Dangerous cribs, bedding and sleeping areas
What to Do If Your Child Is Injured at a Kansas City Daycare
If you believe that daycare negligence or abuse has harmed your child, please know that our Kansas City child injury law firm is here to provide answers and guidance. First, you need to take immediate action to protect your child, which usually requires removing him or her from dangerous circumstances. In addition, local law enforcement can be helpful in advising you of the appropriate state agencies to report the issues or abuse.
Of course, you can also reach out to a lawyer who is experienced in handling daycare negligence and abuse cases. Our Kansas City child injury lawyer has the legal experience, knowledge and resources to pursue an insurance claim and civil action for damages. We are also experienced in navigating the administrative and criminal aspects of these claims. We have found that many parents don’t just want compensation for damages suffered – they want the negligent behavior corrected so no other children get hurt.
We’ll help you appeal and secure your rightful benefits.
How to Prove Daycare Negligence in Missouri & Kansas
If your child is injured due to the carelessness or recklessness of another, your child has a personal injury claim and may be legally entitled to compensation for those injuries. As a result, when injuries and accidents occur, it’s critical to investigate the circumstances so you can determine who is legally responsible.
To recover damages from a person or business for your child’s injuries, there are certain elements you must be able to prove.
1. A Daycare’s “Duty of Care”
When determining who is at fault in a child daycare injury case, you must first understand the legal concept of “duty of care.” Proving the at-fault party had a duty of care to the injured party is the first step in any injury suit. A daycare center has a legal duty to ensure that your child is cared for and to prevent reasonably foreseeable injuries under the circumstances.
2. Negligence or Liability
A daycare’s failure to meet this duty of care is known as a “breach.” This is necessary to show liability or negligence on behalf of the daycare. Actions or inactions by a child care center (or its employees) that may evidence a breach of the duty of care may include:
- Failure to maintain safe premises
- Improper supervision of children
- Failure to train or staff properly
- Committing a crime or violating applicable laws or regulations
When the child care center fails in their duty of care, they may be held legally liable for breaching that duty.
3. Causation
After establishing that the daycare had a duty of care and it was breached, the next step is to show that the breach caused your child’s injuries. To prove this element, you will need to show that, if there had been no breach, the injury would not have happened.
4. Damages
After causation is determined, the last element you must prove is that the accident resulted in damages. In short, if there is no damages or specific harm that you can prove, there is no basis for a personal injury claim or compensation. There are many different kinds of damages, including:
- Past and future medical bills, medications, and medical equipment
- Long-term treatment costs, including rehabilitation or therapy
- Lost wages from time taken off work to care for your child
- Pain and suffering of your child
- Emotional distress of your child
It is impossible to undo the harm that’s been done to your child, but our civil justice system allows you and your child to recover the financial damages that were done by those who were responsible. This can help alleviate the stress and worry that arises with growing medical bills and other expenses after an injury.
Your attorney can help you determine the damages that may apply in your particular case.
Our Kansas City Daycare Lawyer Can Answer Your Questions
Our Kansas City daycare injury lawyer is proud to work on behalf of parents and their children to ensure that daycare centers in both Kansas and Missouri are safe places for our children.
Are you ready to talk to an attorney about your daycare injury lawsuit? If so, contact our Kansas City daycare law firm by phone (816) 203-0143 or by using the form below to set up a free, no-obligation consultation with a daycare injury lawyer who will care for you and your family when you need it most.
