A Kansas City Injury Lawyer for Victims of Daycare Negligence
In Missouri and Kansas, daycares 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.
Common Causes of Daycare Injuries
Certainly, children can get hurt because of unavoidable accidents. However, in many cases, an important safety regulation or law has not been followed. Some of the most common causes of child care injuries 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
How to Prove Daycare Negligence
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.
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.
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 Attorney Can Answer Your Questions
Our Kansas City 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 law firm by phone (816) 203-0143 or by using the form below to set up a free, no obligation consultation with a personal injury lawyer who will care for you and your family when you need it most.