One day, you get a call from the daycare saying that your child was rushed to the hospital. Your initial instinct is to make sure that your child is okay. Next, it is to find out who the culprit is. Wouldn’t it be easier to know that an adult is responsible for what has happened to your child? You can admonish the daycare worker. You can file a legal case. But what happens if it is another child that you have to deal with?
You should call a personal injury lawyer in Everett. They can give advice on how to handle such situations. Many parents will feel the need to seek out the parents of the guilty party, but stop yourself from doing that. This might be counterproductive to what you’re trying to achieve: justice for your kid. Talk to a lawyer and find out what your legal options are. It is always best to act within the boundaries of the law.
Who Is Liable?
Technically, whether or not a daycare worker is directly responsible for the incident, the center will be called in for questioning. They assured you of your child’s safety. That’s the reason you left your child with them. They must protect your child from undue harm. When your child gets hurt, the daycare is directly and indirectly responsible. They have become negligent in protecting your child.
For example, they cannot leave the children in one area of the facility and let them play. There should be adult supervision at all times. Children have different temperaments. They don’t know how to control their emotions yet. If you leave them together in one place, who knows what will happen? If your child was injured by another when they were left unsupervised, the daycare facility should also be legally responsible for what happens to your kid.
Can You File a Legal Case Against the Child’s Parents?
Yes, you can file a case against the child’s parents. Many parents have taken this course against the other party, especially when the injuries sustained are major. You can hold the other child’s parents liable for what happened to your kid. Most of them will want to settle out of court and protect their child’s innocence. You are within your rights to seek a personal injury claim. Talk to lawyers about your options.
What Will Happen If You Sign a Liability Waiver?
You may have been asked by the daycare center to sign a waiver before your child joins the class. The waiver typically releases the facility from any liabilities and expenses if your child gets injured. But this kind of waiver only works if the accident is caused by someone outside of the daycare facility.
If a drunk driver accidentally drives into the building and injures your child, that is the responsibility of the third-party (the driver). The daycare will not be responsible for the injuries your child sustains.
If you are unsure about the situation and what legal rights you can claim, you can go to your lawyer and ask for advice. Listen carefully because your actions may put your claims in jeopardy. Do not let your emotions rule you. Do not attack the guilty party either physically or with words.