Many North Carolina families now have two working parents, so reliable childcare has become a family necessity. North Carolina parents should be able to drop their children off each morning at daycare, knowing they will be safe and secure. Regrettably, this is not always the case. All too often, children are injured because a negligent daycare facility or caretaker failed to pay attention or acted recklessly in some way. When this happens, you have the right as a parent to hold the caretaker and the caretaker’s employer responsible. This means that you may recover any medical expenses resulting from the negligence. More importantly, though, you have the right to pursue a claim on behalf of your child for their harm.
There are different avenues for proving negligence in most daycare facility negligence cases. The first avenue is to show that a particular employee was negligent and establish that the employer is liable for this negligence as a matter of law. Under North Carolina’s respondeat superior laws, the
employer of the caretaker will be responsible for their failure if it is proven. Proving negligence can sometimes be more straightforward than it sounds. All you must prove is that the caretaker failed to act as another reasonably prudent childcare provider would have.
An example would be when an employee carrying a small child drops the child, causing injury. A reasonable caretaker would take precautions not to drop the child. If the caretaker in this situation worked in a daycare facility, the facility would most likely be held responsible for the negligence of its employee.
The second avenue of establishing fault in a negligent daycare case is to show that the daycare facility was negligent. An example might be proving that the daycare facility failed to enforce its policies and procedures, which proximately resulted in injury. Another example would be when the facility had not adopted reasonable industry standards for the protection of children, and because of that failure, a child was injured. One illustration of this would be when the facility was not following recommended guidelines for the number of students to caretakers. A final example of facility negligence would be when they failed to do a basic background search and hired someone whose background would indicate they should not be around children.
Ultimately, if it can be proven that your child was injured due to the daycare’s negligence, you have the right to recover medical expenses, no matter who paid them (although some amount may need to be reimbursed). A claim may also be made on your child’s behalf. Your child has a right to recover compensation for their pain and suffering, loss of use of a body part (temporarily or permanently), impairment, and disfigurement/scarring. In some situations, they may also be entitled to punitive damages.
If your child has suffered injuries due to a negligent daycare facility, the North Carolina attorneys of Maginnis Howard may be able to assist. Our law firm is experienced in representing children and handling complex negligence cases. We offer free consultations from our Raleigh, Charlotte, and Fayetteville offices and reduced contingency fees for all claims involving minors.
To discuss your potential case with our intake team, visit our Locations tab to find the most convenient Maginnis Howard location. You may also message us through our contact page. The firm’s attorneys handle cases throughout North Carolina and may travel to meet with you to discuss your child’s case.
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