Daycare providers are held to a high standard of properly caring for infants and toddlers. Most parents trust that daycare providers will not physically, emotionally, or verbally abuse their children. Unfortunately, violent acts against children often occur in daycare facilities. As a parent, there are a few options you can take to have the facility closed down and obtain compensation for your child’s injury. Read on to learn more about how our California personal injury attorney can help you, and what to do in the event that you expect a daycare is operating illegally or child abuse is occurring.
Daycare Provider Personal Injury Claim
If your child suffers an injury while in the care of a home daycare provider, you can file a personal injury lawsuit on his/her behalf for damages. Upon filing your lawsuit, you will have to prove that the daycare provider owed a duty of care to your child, breached the duty, was the actual and proximate cause of your child’s injury, and that damages occurred to your child as a result of the provider’s negligence.
Our child injury attorneys can help you obtain compensation to address your child’s injuries. Do not let a negligent home daycare provider get away with injuring your child. Contact us for a free consultation.
Unlicensed Home Daycare Operation
California Community Care Licensing Division (CCLD) regulates daycare operations. Caregivers who supervise more than one child outside his/her home are required to be licensed with the state. Licensed California home daycare facilities require staff to complete criminal background checks, perform medical evaluations for all staff members, state mandated staff-to-child ratios, examine records of abuse and/or neglect of children, and have fire evacuation plans.
If your child has been injured at a daycare, and you discover that the daycare is operating without a license, you should file a complaint with the CCLD. CCLD will investigate the matter. If the daycare provider is operating without the required license, legal action can be taken to have the facility closed. This will help protect children from being subjected to supervision in unauthorized facilities and protect their health and safety.
Uninsured Home Daycare Providers
California requires daycare providers to obtain liability insurance coverage, become bonded for at least $300,000, or obtain an affidavit from parents stating that they are aware of the lack of insurance. According to the Los Angeles Times, about 61% of home day-care providers do not carry liability insurance.
If the daycare provider fails to maintain the appropriate insurance, it may be hard to obtain damages in the event your child is injured. For example, the Duncan family’s 9-month-old child was injured at a home daycare. He was severally burned during a fire that killed two other babies. Pat Orozco, the daycare provider, opted to use affidavits rather than buy insurance. Fortunately the Duncan’s medical insurance covered their child’s hospitalization. Anticipated expenses such as placing the child in a daycare that provides special medical attention will not be covered by their medical insurance.
If your child has been injured at a daycare and the daycare has no insurance, you may be able to file a civil cause of action for damages on behalf of your child. However, you will have to go after the provider’s personal assets to be compensated for damages
If the daycare provider did have insurance, and you were awarded a judgment for damages, the insurance company would have paid the amount specified by the judgment up to the policy limits.
Contact Our San Diego Daycare Injury Lawyers
We invite you to contact the San Diego daycare injury attorneys at the Law Offices of Howard Kitay for a free consultation. Dial (619) 442-0542 today. We provide legal representation to parents who children have suffered an injury at a childcare and daycare facilities.