Your children are your most precious possessions, so you would only trust their care to someone you believe to be more than capable of caring for them. Daycare and childcare professionals are licensed under strict guidelines by the State of Nebraska. These guidelines restrict such things as how many childcare providers are the necessary per number of children in each daycare room. Unfortunately, such measures don't guarantee accidents and injuries won't happen.
If you suspect your child was injured while in daycare or childcare, you need to quickly take action. First, take the child to a qualified pediatrician for examination and treatment. Second, call an experienced Nebraska personal injury lawyer. The attorneys at the Omaha-based law firm of Cullan & Cullan LLC stand out because they are physicians as well as lawyers. We will use our medical and legal expertise to make sure your child gets the treatment they need and that you are made aware of your legal rights and options. Call us at (402) 882-7080today for a free consultation.
Childcare liability is a big issue. Many daycare facilities require parents to sign releases or waivers of liability. The validity of these releases and waivers can be called into question on many accounts. The bottom line is that if you can prove negligence, the childcare facility can be held liable.
To Prove Negligence, You Must Show the Following
- The childcare facility had a duty of care, or obligation, to protect your child from harm. In other words, the staff did everything reasonably possible to prevent your child from being injured.
- The childcare facility violated this obligation. If a child, while supervised, falls and breaks their arm this would probably not be a breach of duty of care because kids do fall. However, if the child tripped over an unsecured edge of the carpet, the facility could be found in breach of its obligation.
- This violation was the direct cause of your child's injuries. If your child's arm was broken by the fall and fall was caused by the poorly maintained carpet, the facility is responsible.
- The injury must have been foreseeable by the facility's staff. The staff should have noticed the carpet and realized a child could trip over it.
- That your child suffered some sort of loss or injury. Obviously, a broken bone is an injury that resulted in pain and suffering and medical bills.
A successful Nebraska personal injury case relies a great deal on documentation. For this reason, it is important to keep track of dates and times. It's also vital that you keep all medical records and doctor's statements. If possible, gets the doctor to sign a statement estimating when the injury occurred and how he thinks it may have happened. For your claim, it is important to have all the related medical bills and documentation of any amount of time you may have taken off of work to attend to your child's needs.
Call Our Omaha Daycare Injury Lawyers Today
The Omaha child injury attorneys at Cullan & Cullan LLC hope you never need our services. No one wants to see a child injured in any way. But if the unfortunate event happens, rest assured we will be there to help you. If you have any questions about an injury during childcare, don't hesitate to call us at (402) 882-7080.