Phoenix Child Daycare Injury Attorneys
Parents entrust their children to daycare centers while they are away, usually at work. The people at these centers, whether it is a corporate daycare or a home operation, must ensure that children are kept safe while in their care. There are many different ways that a childcare facility or provider can be at fault if a child is injured, even if it is not intentional. For example, if the daycare did not look into recalled toys, or have proper policy and procedures in place to prevent injuries, the facility is responsible for the injury to the child.
These claims are complex, so families are well-advised to talk to a lawyer to make sure that they understand their legal rights. For a free consultation with a Phoenix daycare injury lawyer at Breyer Law Offices, P.C., call (602) 267-1280 today.
There is no shortage of daycare options in Arizona. Parents may choose a neighbor who runs a daycare out of her home, or they may choose to take their child to an established corporate daycare. No answer is right or wrong, but there are pros and cons to each.
Many parents choose to place their children in a home daycare as opposed to a franchised daycare for the intimate environment. But before a home daycare can operate as a business and accept children, the state requires the owner to get a license for health and safety reasons. It is important for parents to know, however, that a daycare is only required to have a license when it is watching more than four children at a time, excluding its own, for compensation.
One of the advantages of corporate daycare centers is that they often have much stricter licensing and inspection requirements. The daycare will apply for an initial license, and once the state receives the application, they will send inspectors to the proposed daycare facility. When the state finds that the facility has observed the rules for a daycare facility, the license may be issued.
The typical corporate daycare center has approximately 15 children within their care. Unlike home daycares, they are heavily regulated and must comply with regular inspections and monitoring. However, this does not mean that accidents do not happen at these facilities.
Many daycares, both home and business, will ask parents to sign release forms. These may also be called waivers, as they waive the right of the parents to sue if something should happen and their child is injured while in the program. Many parents think this release bars them from filing a claim when something goes wrong, but that is often not the case. No liability release form or waiver can protect someone, such as the daycare staff, from acting negligently. When daycare staff fail to provide supervision, leave out hazardous materials, or create risks to the children, they can be held liable.
Historically, the courts have ruled in the parents’ favor in these cases, even when they signed a release form or waiver. The courts always try to act in a child’s best interest. If daycare staff was negligent, the jury will see that and likely rule against them.
In addition, many courts believe that a parent does not have the right to sign away the rights of the child. If someone is hurt, only he can determine that he will not hold anyone responsible, even if he’s a child. Therefore, parents signing away their child’s rights before an accident occurs is not viewed as valid.
Toys certainly offer a lot of benefits for children; however, it is vital to make sure that the toys being played with are safe. What may be a fun and learning toy to a 5-year-old could be a choking hazard to a toddler. This is why toys in daycare centers are supposed to be age appropriate. Even with an adequate number of staff, a child could still be injured by playing with toys that are not appropriate. Some toys are just plain dangerous as well. Childcare providers should be watching recalled toy lists and have a system to make sure that certain toys are only available to certain age groups.
Although a license is generally required for a daycare center, it does not guarantee that a daycare will keep children safe. It allows that employees in the facility are qualified to care for children, but the fact remains that at many daycare centers, in home or at a business establishment, there are children who are hurt as a result of staff negligence. An experienced attorney will protect the rights of a child who has been injured or abused while in the care of another person.
A Phoenix child injury lawyer can go to work to investigate the circumstances at a daycare center. It may be that the injury was a freak accident… or it may be that the daycare has a pattern of allowing children to be injured. Daycare cases require investigations with witnesses and experts to determine exactly how the child was injured.
If your child has been injured, it is important to have lawyers on your side who can protect your rights as parents – and protect the rights of your child. One benefit of bringing a personal injury claim against the business is to make sure another child never gets hurt in the same manner. For legal help, please call Breyer Law Offices, P.C., at (602) 267-1280 for a free consultation.
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During a free consultation, we will look at the important aspects of your case, answer your questions, and explain your legal rights and options clearly. All submissions are confidentially reviewed by Mark Breyer.
Confidentially reviewed by Attorney Mark Breyer