Massachusetts parents have busy lives. Both parents typically hold full-time jobs, making daycare a necessity. Bringing your children to daycare can be stressful, as you hope they have the best experience possible and are being properly cared for.
Daycares have a legal duty to provide a safe environment for all the children in their care. This means taking all reasonable steps to protect and prevent injury to children from daycare staff or other children.
The legal term for this is called “in loco parentis” and it essentially means that daycares, or other facilities that children go to without their parents, such as schools or churches, take on the responsibility of a parent during the children are on their property. Therefore, if they breach their legal duty of providing a safe environment, and your child is injured, they could be found negligent.
There are many types of daycare negligence
Negligence comes in many different forms. A daycare that has owners or staff who do not properly supervise the children, or knowingly allow children to fight with each other without intervening, could be deemed negligent if a child is injured. A daycare owner who knows staff members are intentionally abusing children in their care could also be held negligent for not taking action to stop the abuse.
Holding daycares accountable
Parents who believe their children have been victims of abuse or injured while in daycare have legal rights that must be protected. Proving negligence is challenging. You must prove not only that the legal duty of the daycare was breached, but that the breach of duty caused your child’s injury.
Personal injury attorneys who are experienced with premises liability cases can assess your situation and provide advice on your chance of success. Whether negligence occurred often depends on the specific facts of each case, and an attorney can help build a strategy designed to help you successfully recover compensation.