Elizabeth Stone, the author of A Boy I Once Knew, has said that to have a child is to forever have your heart go walking around outside your body. Unfortunately, not everyone will treat other people’s children with that same level of care, even in daycare facilities. Negligence in an Essex County daycare setting can take many forms, including back injuries, spine damage, and broken bones, but also neurological damage which can impair your child for the remainder of his or her life. If your child has sustained injuries or reported misconduct at a daycare facility due to negligent supervision or unsafe conditions, please read on, then contact one of our experienced New Jersey premises liability lawyers to learn what you should know about daycare accidents in New Jersey.
What You Should Know About Daycare Accidents In New Jersey
Daycare negligence in New Jersey occurs when a childcare provider fails to meet the legal duty of care as required by state law, and that failure directly results in injury to a child. This can include unsafe premises, lack of supervision, failure to screen employees, or violations of state childcare safety rules.
If your child consistently comes home hungry, unusually withdrawn, or with bruises, these are warning signs of possible negligence. This also goes for any information he or she relates about inappropriate behavior on the part of staff members or fellow children.
Daycare facilities and their insurance companies often contest injury claims, which is why taking immediate action is critical to protect the health and well-being of your child, while also preserving evidence that can help you fight for the justice your little one deserves.
Immediate Steps Parents Should Take After a Daycare Injury
- Call emergency services if your child has suffered a serious injury
- Seek immediate medical attention, even if the injuries seem minor or your child says they feel okay
- Photograph any visible injuries
- Request an incident report from daycare management or administrators
- Preserve the clothing or objects involved in the incident
- Write down your child’s account of what happens
- Report suspected abuse or unsafe conditions to the New Jersey Department of Children and Families (DCF)
What Are The Signs Of Daycare Neglect In New Jersey?
Parents must remain on alert for the signs and symptoms of daycare negligence. Though children are clumsy, it’s important to understand that injuries are not always accidental, as many stem from preventable safety failures.
Common Causes of Daycare Accidents in Essex County
- Failure to properly screen potential employees
- Unsanitary and/or unsafe environments, i.e. rusty or broken playground equipment, sharp objects lying around, mold, or disturbed asbestos present
- Not inquiring into or disregarding a child’s food allergies
- Not removing all choking hazards
- Ignoring complaints of sickness, hunger, or inappropriate behavior
- Not providing a child with clean food and water
- Failure to comply with state childcare safety regulations
When daycare staff fail to properly supervise children, ensure the premises are free of hazardous conditions, or take safety precautions into consideration, the facility can face legal liability in accordance with New Jersey premises liability and childcare negligence laws.
Warning Signs Your Child May Be Experiencing Abuse or Neglect
- Frequent, unexplained bruises, burns, and fractures
- Sudden fear of a specific caregiver or facility
- Regression in behavior, like bedwetting or withdrawal
- Unusual knowledge of topics inappropriate for their age
- Chronic hunger, dehydration, or poor hygiene
- Repeated injuries with no explanation
Can You Sue A Negligent Or Abusive Daycare?
Yes, in New Jersey, a parent may file a personal injury claim on behalf of an injured minor in the event that the actions of a daycare facility have caused harm. Compensation can include medical care, future treatment costs, pain and suffering, and even long-term disability.
As long as you can prove that your child sustained injuries or abuse as a result of your daycare provider’s negligence or malicious action, you should be able to receive compensation to aid in your child’s recovery. However, as the plaintiff, the burden of proof lies on you to prove that your child has been the victim of negligence at their daycare.
Elements of a Daycare Negligence Claim
- The daycare owed your child a duty of care
- The daycare breached that duty through negligence or inaction
- The breach resulted in direct injuries to your child
- Your child suffered measurable damages (medical costs, pain, long-term harm)
Evidence That Can Strengthen Your Claim
- Medical records that create a link to the accident
- Photographs and videos of unsafe conditions
- Witness statements
- Surveillance footage, if available
- Licensing violations
- Prior complaints lodged against the facility
How Long Do You Have to File a Daycare Injury Claim in Essex County?
In New Jersey, the statute of limitations for most personal injury claims is generally two years from the date on which the accident occurred. However, there are some exceptions that impact timing rules when a minor is injured. Regardless, it is in your best interest to pursue a claim as soon as possible with the assistance of an Essex County daycare injury lawyer, as waiting too long can result in a permanent bar on recovery, even if negligence and damages are obvious.
What About Liability Waivers Signed at Enrollment?
Many daycare facilities require parents to sign liability waivers when enrolling their child in the facility. However:
- A waiver does not automatically protect a daycare from liability claims
- Waivers do not excuse reckless or intentional misconduct
- Courts examine whether or not the waiver violates public policy
Contact our experienced New Jersey Personal Injury Law Firm
If your child has suffered an injury while in the care of an Essex County daycare facility, it is in your best interest to connect with an experienced personal injury attorney with Berliner, Cohen, Accardi, & Grossman, LLC. Our firm understands how difficult these matters can be to navigate, which is why we are committed to helping you fight for the best possible outcome. Contact our firm to discuss your circumstances with a member of our team.
