Daycare biting incidents are more common than many parents expect. Young children often bite because of frustration, teething discomfort, or a lack of social skills. In serious cases, a bite might cause bleeding, bruising, infection, or even long-term scarring. If the bite injury was particularly severe, the daycare didn’t respond properly, or the biting has been a repeat issue, legal action might be worth considering.
Legal Requirements for Oklahoma Daycares
Oklahoma law requires licensed daycares to follow strict supervision and safety rules. Staff must meet set ratios based on the number and ages of children in care. The law also requires training in behavior management and emergency response. Daycares must create safe spaces and watch children closely to prevent harm. If staff ignore these duties, injuries can happen. If a child gets bitten because staff failed to supervise or control behavior, the daycare could be legally responsible.
Oklahoma Laws That Apply to Daycare Injuries
The Oklahoma Child Care Facilities Licensing Act imposes rules for licensed daycares in the state. These rules include safety standards, staff background check regulations, and supervision requirements. The law also requires facilities to carry liability insurance. If a daycare breaks one of these rules and a child gets hurt, parents could have a legal claim. The law exists to protect children, and courts may treat rule violations as evidence that the daycare acted carelessly.
Can You Sue a Daycare in Oklahoma for a Bite Injury?
Yes, you could have grounds for a lawsuit against a daycare if your child gets bitten and the daycare’s carelessness led to the injury. You’ll need to show that the daycare had a duty to protect your child and didn’t uphold that duty. For example, you could show that they ignored past behavior, failed to supervise, or hired unqualified staff. You’ll also need to prove the bite caused actual harm, like pain, infection, or scarring. A lawyer can help you build your case by collecting records, reports, and other evidence.
When a Daycare May Be Liable for a Biting Incident
A daycare could be responsible for a bite injury if it failed to take reasonable steps to prevent it. For example, staff might have failed to adequately supervise a child with a history of biting. They might have placed too many kids in one class. Staff members might have seen a problem but failed to step in quickly enough. If a daycare failed to protect your child when it could have, it could face legal liability.
Can a Liability Waiver Prevent You from Suing?
Many daycares ask parents to sign waivers saying that the daycare won’t be responsible for injuries. However, these waivers don’t always hold up in court, especially if injuries happen because of the daycare’s carelessness. Oklahoma law does not allow businesses to avoid liability by hiding behind waivers when they ignore safety rules. If your child got bitten and the daycare failed to act responsibly, a court might decide that the waiver doesn’t apply. A personal injury lawyer can review any waivers you might have signed to determine whether they carry weight.
What To Do If Your Child Was Bitten at Daycare
If your child comes home from daycare with a bite injury, take these steps right away:
- Get medical care to treat the bite and prevent infection.
- Take clear photos of the injury.
- Ask the daycare for a written incident report.
- Request a copy of the daycare’s policies on biting and discipline.
- Keep all records, including emails or texts from the daycare.
- Talk to a lawyer to see whether you have a case and discuss what to do next.
How a Lawyer Can Help in Daycare Injury Cases
If your child suffered a bite injury at daycare, the team at Talley, Turner, Stice & Bertman can help you explore your legal options. Contact us now for your initial consultation. We’ll answer your questions and tell you honestly whether we think you have a case.