Brown Law, LLC

How to Sue a Negligent Daycare Facility in New Jersey

How to Sue a Negligent Daycare Facility in New Jersey

When you drop your child off at daycare, you expect your provider to treat your child as you would, meaning safely, respectfully, and in a nurturing manner. Unfortunately, this is not always the case, and some daycare providers fail to realize the magnitude of their responsibilities. If your child was wrongfully harmed or injured in a daycare facility, here are some of the questions you may have regarding your legal options going forward:

What are the different types of daycare?

There are several different types of daycare, including ones that are licensed by the state, and others that are not. For example, childcare centers, pre-schools, and before and after school care centers are generally all licensed by the state. On the other hand, many people also ask their relatives, friends, or neighbors to care for their children, and usually, they are not licensed by the state.

Are daycare liability clauses legally enforceable?

Very often, when you sign your child up for daycare, they will ask you to sign a release form or waiver containing either an “indemnity clause” or a “liability clause,” essentially stating that you cannot sue your daycare provider if something happens to your child. Fortunately, even if you sign this document, there is a very good chance you can still sue your daycare provider for negligence. However, you will need an experienced attorney who will help you do so.

How can I sue a negligent daycare facility?

To sue a daycare facility for harming your child, you will first have to prove that the daycare center had a duty of care to ensure your child’s safety. You must then prove that the daycare center violated its duty of care and that your child was directly injured or harmed as a result. If the injury was preventable and foreseeable, you should be able to recover financial compensation.

What evidence should I use to prove my personal injury claim?

There are several types of evidence you and your attorney may provide. For example, you should always take pictures or videos of your child’s injuries and any unsanitary conditions, insufficient adult supervision, or any other inappropriate daycare activity. Additionally, after an injury, you should always send your child to a physician or hospital immediately. A physician will treat your child’s injuries and provide you with medical documentation that you may also use to prove your claim. You may also collect witness statements, police reports, and more.

Contact our experienced New Jersey firm

We understand the impact a serious injury can have on an individual’s life. If you have been injured in New Jersey due to another party’s negligence, please do not hesitate to speak with an experienced attorney who can assess your situation and guide you through your legal options. Contact our firm today to learn how we can help.

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