One of the hardest things for many parents is to trust their child’s health and safety to another person. Many Washington DC caregivers provide children with quality care in a loving and compassionate environment. However, some daycare and other childcare facilities fail to put children first. When that happens, accidents and injuries may follow.
At Marks & Harrison, our Washington DC daycare injury lawyers stand up for injured children who don’t have the voice to fight against negligence and abuse. Our legal team advocates for children and their families, seeking to hold careless daycare providers accountable for their actions and recover meaningful results for victims.
We have recovered millions in verdicts and settlements while treating our clients with respect and compassion. If you suspect a Washington DC daycare center of engaging in neglect or abuse or a caregiver’s careless actions caused an injury to your child, contact our office today to request a free consultation.
What Are Some Causes of Injuries in Daycare in Washington DC?
Daycare facilities should be safe places for children to learn, grow, and explore. However, dangerous conditions and careless caregivers can make these spaces unsafe for vulnerable children.
Some examples of the most common causes of injuries that occur in Washington DC daycare facilities include:
- Lack of supervision
- Poorly trained or unqualified caregivers
- Faulty equipment
- Facility hazards
- Understaffing
What appears at first to be a friendly and welcoming facility can become a parent’s worst nightmare without proper training and safeguards.
What Are Different Types of Daycare Injuries?
Injuries at daycare facilities caused by negligence or abuse can be significant and cause life-long psychological problems, scarring, disfigurement, and medical complications for children. Choking and infectious diseases are two of the most common types of daycare injuries that can hurt a vulnerable child, but other injuries can include:
- Falls
- Broken bones
- Brain injuries
- Thermal burns
- Chemical burns
- Poisoning
- Drowning
- Bites
- Allergic reactions
- Lacerations
- Contusions
- Injuries from dangerous playground equipment
Daycare employees should always prioritize your minor child’s health and safety. When daycare owners and operators provide substandard conditions, inadequate supervision, or poor-quality care, accidents and significant injuries often result.
Are There Regulations and Procedures That DC Daycares Must Follow?
Washington DC has strict licensing and compliance regulations that govern daycare facilities in the district. All childcare facilities must comply with these established regulations and minimum standards of care, or the facility can face:
- Fines
- License suspension
- License revocation
- Closure of the facility
Providers that fail to adhere to safety standards may also face civil and criminal penalties. Regulations stipulate that all facilities:
- Facilities must comply with childcare requirements.
- Facilities must be clean, sanitary, and safe.
- Facilities must utilize age-appropriate toys and furniture.
- Facilities must ensure the reasonable condition of all equipment and materials.
- Facilities must have an accessible outdoor play area.
- Facilities must have separate spaces for the isolation of ill children.
- Programs must be licensed.
- All caregivers and staff must undergo background checks.
- Facilities must adhere to child-to-staff ratios.
- Daycare operators must document and maintain disciplinary practices and records.
Additionally, child development facilities in Washington DC must comply with all jurisdictional sanitation, building, and fire codes.
How Do You Prove a Washington DC Daycare Was at Fault for My Child’s Injuries?
Proving that a Washington DC daycare was at fault for causing your child’s injuries can be challenging. It takes compelling evidence to build a solid case against a daycare center, its staff, or its caregivers. While a daycare facility owes your family a duty of care, evidence must also show:
- The facility violated its duty of care.
- The violation caused harm to your child.
- That harm caused significant damages.
Some types of evidence that may be necessary to prove that a facility or caregiver was responsible for the harm and injuries your child suffered can include:
- Police report
- Witness statements
- Medical records
- Videos or photographs of the scene
- History of previous incidents
- Staff and caregiver employment records and background checks
Sometimes, legal action is the only way to collect and preserve vital evidence. At-fault daycare facilities might be reluctant to turn over video or photographic evidence that may implicate them in abuse, neglect, or wrongdoing. Our lawyers can help you secure the evidence needed to prove your case.
Can I Seek Compensation from My Child’s Daycare?
Families with children who have suffered injuries due to the careless actions of a daycare facility or caregiver can seek compensation for their child’s severe injuries. The best path forward depends on the cause and severity of the child’s injuries.
Our Washington DC daycare injury lawyers can outline your legal options, calculate the value of your case, and advocate for your child. Although every case is different, families can generally seek compensation for the following:
- Medical expenses
- Parental lost wages
- Pain and suffering
- Emotional harm
Rare situations involving gross negligence or malicious actions allow a court to award punitive damages. Punitive damages do not compensate a family for their loss. They are a financial penalty to discourage the at-fault party and others from engaging in similar behavior in the future.
Can a Child Be Held Partly Responsible for Their Injuries?
Daycare facilities are responsible for providing children with a reasonable, safe, and comfortable environment. Adults oversee maintaining the safety, cleanliness, and staffing of the facility. When a careless adult or facility fails to protect a child from dangerous conditions, abuse, or neglect, they may be held liable for resulting injuries.
Children are minors and are generally considered incapable of negligence or being held responsible for injuring themselves. Being negligent requires understanding the risks of one’s actions and behaviors. Young children do not have the capability of understanding the specific risks or consequences of their actions. A child’s behavior may contribute to an incident, but it is the facility’s and its caregivers’ responsibility to protect a child from poor choices.
What Is the DC Statute of Limitations for Filing a Daycare Injury Lawsuit?
Washington DC law gives you limited time to file a lawsuit seeking compensation for injuries at a daycare center. Generally, in personal injury and premises liability cases, an accident victim has three years from the accident date to file a lawsuit. It is best to talk to our daycare injury lawyers as soon as possible for more information about how the District of Columbia’s statute of limitations may affect your child injury case.
Contact a Washington DC Daycare Injury Lawyer
As a parent, you’ll do everything you can to protect your child. So will we. At Marks & Harrison, our Washington DC daycare injury attorneys are ready to fight for your family. Contact our office today and request a free case evaluation to learn more about your legal options for financial recovery after a daycare incident.
