Take Action If Your Child Was Injured At Day Care
Parents trust child care facilities to watch and protect their children while they are at work or taking care of other obligations. Unfortunately, some facilities fail to meet this minimum expectation, and children are seriously hurt while under their care. If your child was injured, then you need a personal injury attorney who will fight for your child and work to get the compensation you need to pay for their medical recovery and future.
At Talley, Turner, Stice & Bertman, we are personal injury attorneys who protect the rights of children who have been injured at their day care facilities. We help parents across Oklahoma get their deserved compensation for their children’s serious injuries. We seek damages for medical expenses and other losses. Even if it was an unintentional injury, you may have a valid claim. For legal advice, you can contact our Norman office to schedule your free consultation by calling us at 405-467-2858.
Trusted Guidance For Many Types Of Day Care Injuries
We have decades of combined legal experience with a variety of accidents and the resulting injuries. We will guide you through every step of your day care injury case. We will handle negotiations with the negligent day care and its insurance provider so that you can focus on taking care of your child.
We help parents who have children with many kinds of injuries and symptoms of abuse, including:
- Broken bones, dislocations and fractures
- Bruises, cuts and lacerations
- Strangulation or choking
- Brain swelling and other brain-related injuries
- Injuries from falls
- Injuries from the ingestion of toxic or poisonous substances
- Physical, emotional distress or sexual abuse
- A change in the child’s behavior, such as being aggressive or withdrawn
- Catastrophic or fatal injuries
You can rely on our experience with these difficult matters. We prepare a personalized legal strategy for every case, including preparations for the courtroom. Our willingness to take the opposition, typically the day care’s insurance company, to court means that we can get results efficiently and often without the expense of a courtroom case.
How Did The Injury Happen?
You trusted the day care to take care of your child and it is natural that you want to know what happened. There are myriad reasons for injuries in day care facilities, including:
- Negligent hiring practices for day care workers
- Inexperienced staff or understaffing
- Negligent supervision
- Failure to meet safety codes
- Failure to meet the duty of care
- Failure to meet the standard of care
- Defective equipment at the day care center
We will investigate the incident and determine who is the liable party in your child’s injury so we can build a strong case for compensation. In addition to your family receiving compensation, your lawsuit may prevent a similar injury from happening to another child by making the facility take proper precautions in the future.
Day Care Abuse Statistics
It is difficult to trust the care of a precious child to someone else, but the reality is that most children in the United States under the age of five are at least intermittently in the care of someone other than their parents. Roughly one-fourth of those children are in day care centers, nurseries or preschools.
While the exact number of children who are abused in day care centers and preschools is unknown, there were more than 22,000 substantiated cases of child abuse or neglect in Oklahoma in 2021 alone – and the vast majority of children who are abused are the victims of someone the family knows. Sexual abuse is particularly concerning in day care facilities, given that 40% of children who experience such abuse are the victims of older, stronger children.
Day care abuse is not an isolated issue. Instances of physical, emotional or sexual abuse deeply impact the physical and psychological development of the children involved.
What To Do When Your Suspect Day Care Abuse
Knowing how to spot the signs of day care abuse is critical to your child’s safety. While signs may vary, they include:
- Unexplained injuries, especially in hidden areas or around the child’s genitals
- Sudden changes in a child’s behavior, including aggression, withdrawal or fearfulness
- Sudden regression in developmental milestones, such as bedwetting
- Sexualized behavior that is not age-appropriate or sexually explicit play
- Complaints of pain, itching or discomfort in the child’s genital area
- Abrupt separation anxiety and distress over being left with certain caregivers
If your child has suffered a day care injury or you suspect a day care worker of abusing your child, the first thing you should do is seek an evaluation of your child by a medical professional. The second thing you should do is obtain dedicated legal representation from personal injury lawyers you can trust. Your attorney will then help you take the next steps.
A Serious Injury Can Greatly Affect Your Child’s Future
While children have an impressive ability to recover from serious injuries, this recovery is not guaranteed. Any severe injury can impact your child’s motor skills and mental capacity. Because of this risk, parents need to get their children the best possible medical services.
We can help you get the compensation you need to pay for your child’s medical recovery. We will explore every avenue of compensation so that your injured child can lead a healthy and productive life.
What Types Of Injuries Are Commonly Seen In Day Care Negligence Cases In Oklahoma?
In day care negligence cases, injuries can vary significantly depending on the nature of the incident and the conditions at the facility. Common types of injuries include:
- Broken bones and fractures from accidents or unsafe conditions
- Bruises, cuts and lacerations due to rough play or inadequate safety measures
- Strangulation or choking resulting from unsafe toys or lack of supervision
- Brain injuries from falls or physical trauma
- Toxic substance ingestion if safety protocols are not followed
- Physical and emotional abuse, indicated by unexplained injuries or behavioral changes
- Sexual abuse from inappropriate actions by older children or staff members
- Catastrophic injuries that result in long-term effects or death
Recognizing these injury types can help you understand the severity of your child’s situation. If you have any questions about whether you have a valid claim, seeking legal guidance can provide important clarification.
Who Can Be Held Liable For A Day Care Injury?
Determining liability in day care injury cases involves identifying who was responsible for the unsafe conditions or actions that led to the injury. Potentially liable parties include:
- The day care facility if the injury resulted from unsafe conditions or inadequate supervision
- Individual caregivers or staff members if their negligence or abusive behavior caused the injury
- Day care owners or administrators if they failed in hiring, training or managing the facility
- Equipment manufacturers if defective or unsafe equipment (such as a playpen that collapsed) contributed to your child’s injuries
Understanding who may be held responsible is essential for building a strong case and addressing any issues that could affect other children. This process can help in pursuing appropriate compensation for the injury.
Can You Still Pursue Compensation If The Injury Was Unintentional?
Even if your child’s injury was unintentional, you may still be eligible for compensation. Day care facilities are obligated to provide a safe environment, and failing in this duty can result in liability, regardless of the lack of intent. When establishing negligence, someone’s intentions are not part of the equation. The vast majority of accidental injuries are inflicted unintentionally.
Obtaining legal guidance can help you explore your options and address the needs of your child effectively.
Talk To A Lawyer To Learn More About Your Case
Time is a critical factor if your child has been injured at a day care facility. Are you worried because you had to sign a release form when you signed your child up for day care? Don’t let that stop you from pursuing a personal injury suit against the facility. In many cases, this waiver does not mean that you can’t get compensation. Let’s talk about it and see how the law will apply to your specific situation. Your consultation is free.
We can guide you through the process and ensure that your rights are protected. You can contact Talley, Turner, Stice & Bertman now by calling 405-467-2858 or by sending us an email.