Parents rely on day care centers to provide a safe educational environment for children. Unfortunately, many children are harmed in the very place where they should be safe. In some instances, a child enrolled in a day care center is harmed, attacked, assaulted, or molested by another child in the day care center. An attack at a day care center can have a profound effect on the victimized child as well as the family of the victimized child. Is a day care center liable for the injuries or damages caused by the attack of a child by another child enrolled in the day care center? Like many legal issues posed to me as a Child Injury Lawyer, the answer depends on the laws and regulations in place, the actions or inactions of the day care center, the knowledge on the part of the day care center, the foreseeability of the incident, preventability of the incident, and other factors.
Consistent and diligent supervision is key to the operation of a a quality day care center. Children should not be left alone and all staff to child ratios should be followed through the day. There are a number of risks that present themselves in a day care center including those related to choking hazards, poisons, playground equipment, and, yes, other children. Because it is well known or should be well known to day care center that one child could harm another, it is vital that the day care center is organized and well staffed at all times. Many child on child attacks and assaults take place when a staff member is not present or is not otherwise paying attention to the needs of the children.
When a child is attacked or molested at a day care center, it is vital that the parents take swift action in contacting a Child Injury Lawyer for advice regarding the next steps to take as to the matter. Often times, a Child Injury Lawyer will recommend that the incident be reported to law enforcement, the child welfare / social services, and medical providers so that a full investigation can be conducted as to the incident and injuries resulting from the attack or assault. These matters can be quite complicated. Because of this, it makes sense to consult with a
Child Injury Lawyer to get guidance as to how to best deal with the situation.
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, Automobile Accidents, and other topics. You can get this book for free at The ABCs of Child Injury.