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Does a day care injury have to be intentional for a claim?

On Behalf of | Mar 22, 2024 | Personal Injury Law |

When seeking redress for your child’s day care injury, it is not necessary to prove that it was intentional for you to have a valid claim. In fact, most claims for daycare injuries are based on negligence, rather than intentional harm. In this case, you have to prove that there was negligence on the part of the day care or its attendants.

The elements to look for

For your negligence claim to be successful, you generally need to establish certain elements, which includes the following:

  • Duty of care: You must prove that the daycare had a duty to provide a reasonable standard of care to protect your child from harm.
  • Breach of duty: Next, you must prove that the daycare breached that duty through action or inaction.
  • Causation: You then have to show that the breach of duty caused your child’s injury.
  • Damages: Lastly, you must provide evidence that your child suffered actual damages, such as physical injury, which are compensable.

If you can prove these elements, then there may be grounds for a claim, even if the injury was unintentional.

Before making your move

Every situation is unique, and laws can vary by jurisdiction. Hence, it is important for you to consult with a personal injury attorney who is knowledgeable about day care injury and liability to get legal advice tailored to your particular situation. This way, you can prepare for your case and gather the necessary evidence to establish a strong case after ensuring that you do have a valid claim.