Parents with busy work schedules may need help caring for their children during working hours. Many Indianapolis families rely on daycare centers or other childcare facilities to care for their children so they can work, earn a living, and support their families. They trust daycare providers to take care of their children, but what are their legal rights if their child is injured while under the care of their daycare center?
Let’s dive in and cover everything you need to know about the responsibilities of a daycare center and what Indianapolis personal injury laws say about it.
Can I Sue a Daycare Center if My Child Has Been Injured?
If you believe your child was injured at a daycare center due to neglect or carelessness (or something worse), the state of Indianapolis affords you the right to file a personal injury lawsuit. However, moving toward justice, accountability, and compensation for damages may not be as straightforward as you might think. Regardless of how in the right you think you are, it’s imperative to speak to an experienced personal injury attorney first.
Factors to Consider When Your Child Has Been Hurt at Daycare
No matter how cut and dry you feel the cause of your child’s injury is, there are some things you’ll need to consider before moving forward. While communication with the daycare provider management is necessary, it’s advisable to do so under the guidance of an experienced child injury lawyer.
Negligence
Under Indiana’s personal injury law, the plaintiff (the parent of the minor child) has the legal burden of proving that the daycare provider failed to provide a duty of care to protect your child. Unfortunately, the parent will be responsible for proving the daycare was negligent, careless, or caused intentional harm.
As the plaintiff, you’ll be required to prove one or more of the following:
- Negligence: The daycare provider or an employee failed to provide reasonable care, and your child was hurt due to their negligence or carelessness.
- Violation of regulations: The childcare provider violated Indiana’s regulations governing these facilities, causing an injury to your child.
- Intentional harm: An employee of the daycare caused intentional harm or abuse to your child.
For a personal injury claim, the plaintiff must only prove a preponderance of the evidence. What this means is that you only have to prove that your claims are more than likely true and don’t require proving them beyond a reasonable doubt.
Indiana Family and Social Services Administration
The Indiana Family and Social Services Administration (FSSA) is responsible for ensuring that all licensed daycare facilities follow state laws and regulations to protect the children they care for. These regulations include ensuring that the daycare provides a safe environment free of hazards. They also require that all daycare employees also undergo background checks and complete training in child development, health and safety, CPR, and first aid.
If your child was injured at a daycare center, the FSSA must thoroughly investigate the cause of the injury and the circumstances leading up to it. As a parent, you have the right to file a complaint with the FSSA and to have access to the records of the daycare’s compliance history, previous inspections, and any other relevant documents.
Comparative Fault
Comparative fault is an important factor to consider when filing a child injury lawsuit against a daycare. Indiana follows a modified comparative fault rule. This rule states that if the injured party was 51% or more responsible for the incident that led to their injury, they don’t have the legal right to move forward with a lawsuit and seek compensation for damages.
For example, if a parent failed to disclose their child’s allergies or medical conditions, they could be held partially responsible. If the parent did not provide the child with the daycare’s required dress code (shoes, not sandals) or suitable clothing for the weather (winter jacket, raingear), the parent could be party to blame.
If the parent is deemed 50% or less responsible, they can seek compensation. However, the compensation will be diminished by the percentage of their liability.
Indiana Child Injury Statute of Limitations
Indiana’s personal injury statute of limitations is two years from the date of the accident or the date of discovery. However, one caveat benefits children injured at a daycare facility. Indiana law states that the statute of limitations for minors can be delayed until they turn 18. This means the child injury lawsuit can be filed until they are 20 years old.
How to Prove Childcare Negligence
It could be difficult to prove childcare negligence without the guidance and expertise of a child personal injury attorney. While it can be done, it’s much easier with the help of a professional. Even if the childcare facility has offered a settlement, it most likely won’t be anywhere near the best possible outcome.
To prove negligence, you’ll need to gather as much information and evidence as possible.
- Documents: Daycare incident reports and medical bills can help to prove that the accident occurred and that they caused harm to your child. Also of help are copies of any communication, such as emails, that you had with the childcare provider.
- Photographs and videos: Photos and videos of the scene of the accident and also of your child’s injuries are valuable pieces of evidence to better prove negligence that caused injury.
- Witness statements: Testimony from daycare staff and others who saw the accident occur or witnessed an unsafe environment can be invaluable in proving carelessness or negligence. Expert testimony on childcare safety standards can also be invaluable.
Do I Need a Lawyer to Sue a Daycare for a Child Injury?
Technically, no. Indiana allows the parents of a child they believe has been injured due to neglect, carelessness, or intentional abuse to file a personal injury lawsuit. However, due to the complexities of cases like these, it is highly advisable to first consult with a personal injury lawyer with experience and proven success with similar cases.
Since the parent of the injured child has the burden of proving negligence, doing so without savvy legal representation could prove to be difficult. Common hurdles can include:
- Lack of immediate evidence: If your child didn’t immediately report the injury to daycare staff or the staff didn’t properly document the situation, gathering accurate evidence could be difficult.
- Obtaining daycare records: Daycare facilities may be reluctant to provide incident reports, staff logs, or video footage and may require obtaining a subpoena to gain access to them.
- Witness cooperation: Daycare staff may not be willing to give any information about the incident due to fear of repercussions from their employer.
- Assumed risk: The daycare may argue that parents assumed the risks associated with a child under their care.
- Waivers and contracts: Many daycare providers require parents to sign contracts that may include fine print limiting the facility’s liability.
These are just a few examples of the challenges that a parent can face when attempting to file a child personal injury lawsuit against a daycare facility. Working with an experienced attorney is the best way to have a favorable outcome.
Can I Sue a Daycare For My Child’s Injury: Explained
Indiana affords parents the right to file a personal injury lawsuit when they feel a daycare center acted negligently and their child was harmed. However, doing so without the guidance of a legal expert can prove to be frustrating and fruitless.
Yosha Law is dedicated to helping parents seek daycare accountability. If you feel your child has been harmed due to negligence or intentional abuse, contact one of our compassionate child personal injury lawyers today.
