Las Vegas Day Care Injury Lawyers
When parents drop their children off at day care, they like to think that they’re leaving children in the best hands possible. But accidents happen, even in day care. In some cases, the day care could be held legally responsible. Nevada law says that all Las Vegas day cares must be properly licensed, but this doesn’t necessarily mean they’re all going to be entirely safe.
In other types of personal injury cases, negligence must be proven; but that’s not always the case with day care centers. Perhaps it’s because unlike schools whose purpose is to educate, the purpose of day care is to provide a safe place for children to stay. In the eyes of the law, this puts greater responsibility on them to actually provide that safety.
When day cares fail to do so, they may be found negligent. And this can help a parent’s case, even in cases when no one knows exactly what happened. The three types of negligence the courts will take into consideration are:
- Negligence. Like personal injury cases, if a child has suffered an injury and it was due to improper care or supervision, the day care may be found legally negligent. A day care will be found negligent if a different day care or worker would have acted in a more reasonable manner than that day care did at the time.
- Negligence per se. This type of negligence refers to when a day care center is committing a crime while the accident took place. Day care crimes are more common than people think. Nevada licensing laws require a certain amount of caretakers per number of children. The younger the children are, the more caretakers will be required to look after them. If this law is broken (and the day care did not have the proper ratio at the time of the accident) the case will fall under the negligence per se rule.
- Repsa ipsa loquitor. This is a legal term meaning “the thing speaks for itself.” Day cares are required to provide a safe environment for children, and when they don’t, it doesn’t really matter how the accident happened. This is an important legal term applying to day cares because child care workers will often say that they are unsure of what caused the accident.
An experienced Las Vegas child injury lawyer will know the Nevada laws that cover day care centers. That lawyer will investigate:
- Circumstances surrounding the accident by speaking to the day care owner and child care workers.
- The background of the day care center, to see if accidents are common there. If so, a judge is likely to come down harder on the center. When a day care has history of not providing the safe care it’s supposed to, proving negligence is easier.
It can be infuriating when your child gets hurt. If your child has been injured in a Las Vegas day care, call The Husband and Wife Law Team at (702) 380-8000. We know how important your children are to you, and if they’ve been injured, you may be entitled to compensation.
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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