Should I Sue If My Child Is Injured at Daycare?
Madison Personal Injury Lawyer explains Negligent Supervision – Daycare Injuries
If your child was hurt while at a daycare center, it may have crossed your mind to sue the center. Whether or not suing would be a good idea depends on whether the center acted in a way that would qualify as negligent supervision or constitute negligent conduct. However, determining whether the staff’s behavior is negligent is not cut and dried. A Madison Personal Injury Lawyer can help you determine if you should pursue legal action.
Two Types of Negligent Supervision
Either the staff did not pay attention when they should have been paying attention, or they failed in some other way to reasonably supervise your child.
For example, a caregiver who was engrossed with a TV soap opera and who stared at the TV all afternoon instead of watching your child would not have been paying attention. Or, a daycare center that failed to have an adequate number of caregivers, resulting in the caregivers’ attention being stretched too thin, would count as inadequate supervision even if the caregivers were trying their best.
Four Questions to Ask Before You Sue
If you think your child’s case was the result of one of those situations, look at these four factors:
- Who exactly was responsible? Did the incident happen during the day while under the caregiver’s supervision?
- Could someone have foreseen the situation? Was this a situation that would have obviously resulted in an injury, like letting the child run into the street, or was it something a reasonable person could not expect to happen?
- Was the child injured, even emotionally?
- What would proper supervision have been like?
If your child is now dealing with daycare injuries, you need to contact a lawyer to untangle the circumstances and see if suing the center would be a good idea. The Wisconsin personal injury attorneys at Eisenberg Law Offices can help you determine if taking the case to court would be a proper course of action. Contact us now for a consultation.