As a parent, one of the most difficult decisions you’ll need to make is the daycare you enroll your child in. Unfortunately, despite careful consideration, you may find that your child has been neglected while in the care of this entity. This can be incredibly heartwrenching, as you may have trusted these individuals to keep your child safe instead of subjecting them to harm. If this represents your circumstances, give our legal team a call today. Our skilled personal injury attorneys in Baltimore County are here to ensure you and your child obtain the compensation and justice you deserve.
What Counts as Daycare Negligence in Maryland?
Daycare negligence refers to any situation in which a provider at a childcare facility fails to take reasonable care when supervising children, ultimately resulting in harm to the child. This can occur through unsafe conditions on the property, lack of staff training, failure to provide a child with their basic needs, and inadequate supervision.
Negligence Explained
Essentially, negligence occurs anytime someone who owes others a reasonable duty of care fails to meet that duty. As such, a daycare has the legal obligation to keep the children in its care safe, and a violation of that duty can result in injuries and a subsequent legal claim.
Some of the most common instances of daycare negligence include the following:
- Leaving children unsupervised
- Failing to remove choking hazards
- Allowing unsafe conditions on the property
- Ignoring children’s complaints of injury or illness
- Failure to adhere to reasonable safety routines
Negligence vs. Accidents
It’s important to understand that not every injury a child sustains while in the care of a daycare facility will constitute negligence. Children commonly fall when playing. However, if the injury was predictable and preventable, it may constitute negligence. As such, signs your child’s injury may have arisen from negligence rather than an accident include:
- Inconsistent stories or statements about the incident from staff
- Continued injuries over time
- Severe injuries for routine matters (can suggest a lack of adequate supervision)
- Staff discourages medical care or minimizes the severity of the injury
Common Examples of Daycare Negligence
It’s important to understand what the most common instances of daycare negligence include, as this can help you quickly identify hazards and take action. Parents should always trust their instincts and take concerns seriously if a pattern of negligent behavior arises.
Unsafe Property Hazards
- Mold on the premises
- Poorly stored chemicals or cleaning supplies
- Rusted or unstable playground equipment
- Small items left out that pose a choking hazard
- Exposed nails or screws
- Splintered wood
Signs of Neglect
- Your child regularly comes home
- Hungry
- Thirsty
- Complaining that they didn’t get food or water during the day
- Your child has lost weight
- Your child looks fatigued after attending day care
- The daycare failed to contact you about injury or illness
Signs of Physical Abuse
- Unexplained bruises, scratches, or bitemarks
- Injuries in unusual areas
- Your child suddenly fears going to daycare or certain staff members
- Sudden and drastic behavioral changes (bed wetting, separation anxiety, nightmares)
Supervision and Staffing Failures
It’s important to understand that negligence and injury are not always intentional. If the daycare is improperly staffed, negligence can take the form of:
- Leaving a child unsupervised near stairs
- Failure to intervene when roughhousing or bullying occurs
- Failure to perform head counts when moving between rooms or locations on the property
- Allowing children to go into bathrooms, storage areas, or outside unattended
Hiring and Training Failures
Daycares and other child care facilities have a responsibility to hire competent and safe staff members. Failure to adequately screen applicants, train employees, or respond to complaints about staff safety can constitute negligence.
What Maryland Daycares Are Required to Do
It’s important to understand that daycares and childcare facilities have rules and regulations they must adhere to to ensure the safety and well-being of the children in their care.
Licensing and Oversight
Daycare providers are required to adhere to rules ensuring proper licensing, preventing overcrowding, maintaining safe and sanitary facilities, and ensuring staff are suitable to work with children. The most common safety standards generally cover:
- Adequate supervision at all times
- Age-appropriate facilities and toys
- Hygienic conditions
- Adequate staffing levels
- Food safety and allergy awareness
- Adherence to incident reporting
Staff-to-Child Ratios
Unfortunately, understaffing is one of the most prominent risks. Even those who have considerable skills and experience may be overwhelmed by children if there are not enough adults present to supervise them. Understaffing can result in:
- Falls from equipment
- Children leaving the premises
- Missed warning signs of abuse or neglect
- Choking incidents
- Failure to promptly respond to an emergency or medical incident
What Is A Daycare Liability Clause?
When registering your child in daycare, you can expect that the daycare will try to get you to sign a daycare liability clause. The main objective of this clause is to get you to waive your right to seek legal action against the daycare if anything bad occurs to your child.
What A Daycare Liability Waiver Usually Means
In general, daycares often include liability clauses as a way to deter parents from filing lawsuits in the event their child is injured. As such, these waivers typically attempt to:
- Shift responsibility for damages to the parent
- Suggest that a parent “assumed the risk” when signing
- Limit claims
Why Waivers Do Not Always Protect Daycares
Many parents assume that signing this waiver means they are completely responsible for any injuries their child has suffered on the property, even those that arise out of negligence. However, a waiver may not block a lawsuit if:
- The daycare acted recklessly or with gross negligence
- The injury is the result of an obvious safety failure
What Should I Do if My Child Is Injured at Maryland Daycare?
If your child is hurt while in the care of a daycare facility, it’s important to understand that the first priority should be to ensure the safety and well-being of your child. However, you should also try to document as much evidence as possible. You may choose to file a complaint thought eh Maryland Division of Early Childhood if you believe the facility is unsafe.
Step 1. Seek Immediate Medical Attention
If you learn that your child has been injured while at daycare, it’s in your best interest to have them evaluated by a medical professional as soon as possible, even if injuries seem minor. Not only can this help identify hidden traumas or treat apparent injuries, but it can also serve as important documentation, ultimately creating a connection to the daycare.
Step 2. Document the Daycare Conditions
You should take photos and videos of:
- The hazard that caused the injury to your child
- The specific room where the injury occurred
- Broken toys or equipment
- Unsafe conditions like easily accessible chemicals, choking hazards, or sharp objects
Step 3. Document Injuries and Timelines
You should take photos of the visible injuries your child suffered immediately after picking them up, and again within 48 hours, as bruising may become more evident. You should also create a timeline of events, including information like:
- The date and time of the injury
- The statement provided by the daycare
- The names of the staff members involved
- When you were notified about your child’s injuries
Step 4. Request Key Records
If available, you should request the following information from the daycare facility:
- Incident reports
- Daily notes
- Injury reports and nurse records
- Sign-in/sign-out records
- Any available surveillance footage
- Staff schedules and room assignments
Step 5. Speak With an Attorney
Working with an experienced injury attorney can help you determine whether or not your child is a victim of negligence, and if so, protect their rights. A lawyer may be able to access additional information and documentation, like
- Internal logs
- Prior incident reports
- Surveillance preservation requests
How a Daycare Negligence Claim Is Proven in Maryland
If your child is injured, simply filing a claim is not enough. As the plaintiff, you’llneed to show that negligence did occur.
Negligence Elements
In order for your negligence claim to be successful, you’ll need to show that all of the following elements are present:
- The daycare owed your child a reasonable duty of care
- The daycare breached that duty
- That breach directly resulted in your child’s injuries
- You suffered damages as a result of the injuries
Contact Our Experienced Baltimore County, Maryland Firm
Learning that your child has suffered an injury due to the negligence of the adults trusted with their care can be devastating. That is why it is in your best interest to connect with an experienced attorney with the Law Offices of Markey & Orsi. Our firm understands how difficult these matters can be to navigate, which is why we are committed to helping you and your family fight for the justice and compensation you deserve. Contact us today to learn more.