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Home » Daycare Injury Lawyer in California

Daycare Injury Lawyer in California

Kids in Daycare
Kids in Daycare

Was Your Child Injured at Daycare?

An injury to a child is one of the worst imagined for a parent. Even a scraped knee can inflict emotional suffering, though short-lived. But kids are kids, and they get injured when running or bicycling, or whatever the case may be. But when the injury is sustained through the fault of another person or entity, that’s another thing entirely. Complicated emotions arise, and – if you’re a parent – you want to get whatever you can from the at-fault party to ensure your child receives the best care possible for recovery. This is especially true if you entrusted your child to a daycare or other caretaker, and while in their trust, your child was injured, whether negligently or intentionally.

California Child Injury & Daycare Laws

All daycares and any child care facility must adhere to both federal and state regulations in California. The Administration for Children and Families, a division of the Department of Health and Human Services, sets national standards that all daycares must uphold, among other forms of regulations. But in California, what is most relevant is the California Code of Regulations Title 22 § 101152 et seq. Daycare or child care facilities, their owners, and staff must comply with the California Code. One particular requirement is the ratio between staff and specific ages and quantity of children, such as:

  1. If children are ages six weeks to 18 months, there must be one staff member per four children.
  2. If children are ages 18 months to three years, there must be one staff per six children.
  3. If children are three and four years old, there must be one staff per 12 children.
  4. If children are five years old or older, there must be one staff per 14 children.

Many times, injuries happen because there simply isn’t the required number of staff members available to oversee and prevent harm to children. But there are several other reasons that harm can befall a child in a daycare, including:
(1) hazards at the daycare; and
(2) abuse at the daycare.

Common Hazards at Daycares

  • Improper storage of equipment, cleaning products (e.g., toxic chemicals), classroom supplies (e.g., scissors)
  • Stairways or other entryways not protected or blocked
  • Poorly maintained daycare equipment, e.g., vehicles, furniture, swing sets
  • Improper use of recalled items, e.g., cribs, toys, furniture
  • Poorly cleaned facilities.

Abuse at Daycares

Throughout the U.S. millions of children are abused, and according to the American Society for the Positive Care of Children, 3 percent of the abused are harmed in daycares or care centers. Indicators of child abuse at daycare include:

  • Changes in behavior or extreme mood swings.
  • Changes in bed-wetting, nightmares, fear of going to bed, or other sleep disturbances.
  • Acting out inappropriate sexual activity or showing an unusual interest in sexual matters.
  • Sudden acting out of feelings, or aggressive or rebellious behavior.
  • Regression to infantile behavior or clinging.
  • School problems, behavior problems.
  • Changes in toilet-training habits.
  • Fear of certain places, people, or activities; an excessive fear of going to the day care center.

If you have a complaint about a state-licensed child care facility in California, the Community Care Licensing Division (CCLD) asks that you call 1-844-LET-US-NO (1-844-538-8766).

Compensation for Injury to Your Child

If your child has been injured at a childcare facility, you are entitled to seek compensation for economic (medical expenses, parent’s loss of income if must stay home to care for the child, etc.) and non-economic damages (pain and suffering, etc.) if the daycare was at fault for the injury. In cases of abuse, you may also have the right to punitive damages. You must first, however, prove that the daycare owed you a duty of care, which it most certainly did, and that it breached that duty of care, which is very likely, but each case is unique and must be evaluated by an experienced child injury lawyer. If there was a breach of duty, then it must be shown that the breach caused the injury and that injury must be monetarily quantifiable. Again, an experienced child injury lawyer in California will be able to review your case and discuss your options with you.

Johnson Attorneys Group Can Help with Your Child’s Injury Case – Get a Free Case Review Today

Insurance companies that cover daycare facilities employ armies of investigators, experts, and other professionals to protect the insurance carrier’s bottom line: profits. You need an advocate on your side that is a skilled negotiator, to ensure you receive the maximum recovery for your child’s injury in California. If you or a loved one sustained personal injuries at a daycare, you need an experienced personal injury lawyer.

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