Phoenix Child Daycare Injury Attorneys
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. Licensing a daycare center is also advantageous because it will give the owner a professional image and gain the trust of parents in the area. Having a license also gives the daycare credibility in childcare interest groups, which is usually where parents go to look for good daycare centers.
It is important for parents to know, however, that a daycare of any kind is only required to have a license when it is watching more than four children at a time, excluding its own, for compensation.
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.
One of the advantages of corporate daycare centers is that they often have much stricter licensing and inspection requirements. Corporate daycares must have a license, as they are usually watching over more than four children. 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.
Although a license is generally required for a daycare center, it does not guarantee that a daycare will keep children safe not only physically but emotionally. 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.
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.
This is because no liability release form or waiver can protect someone, such as the daycare staff, from acting negligently. The staff are responsible for creating a safe environment and ensuring that the children are as safe and healthy as possible. When daycare staff fail to do this with improper supervision, by leaving out hazardous materials, or by creating 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.
A Phoenix child injury lawyer can go to work to investigate the circumstances at a daycare center that injured your child. 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 - as well as protect the rights of your child. One benefit of bringing a claim for an injured child is to make sure another child never gets injured 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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