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What are the Legal Rights of an Injured Child Abused or Handled Too Roughly at a Day Care Center?

By George Fusner, Jr., Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network


In Tennessee and other States, parents rely on day care centers to provide a safe and clean educational environment for children. In most facilities – on most days – , the children are well cared for and kept out of harm’s way. Unfortunately – at times -, children suffer personal injuries at a day care center. Some children are injured by the very child care providers who are required to supervise and protect the children enrolled in the day care center. A recent injury was reported in Smyrna, Tennessee. It was reported that a 3 year old suffered a fractured arm at the Rock Springs Academy after a day care worker picked the child up by her arm and then sat the child down on a mat. The incident was investigated by the Tennessee Department of Children’s Services and the Smyrna Police Department. The day care worker was arrested regarding the incident. Like other criminal matters, the day care worker will be entitled to legal representation from a private criminal attorney or the public defender to represent the day care worker regarding the criminal charges. You can read more about this story at 3 Year Old Suffers Fracture at Tennessee Day Care Center.

While enrolled in a day care center, the children should not be subjected to corporal punishment or otherwise be subjected to harsh treatment. A child should not be grabbed or pulled by their arms or legs. When a child is injured as a result of the negligence or harsh treatment at a day care center by a child care provider, the parent of the injured child can pursue a legal claim or case on behalf of the injured child. In some cases, the issue of causation may be raised by the day care center. In other words, the day care center, through its liability insurance company or attorney, may argue that the injuries may have resulted at home or as a result of other activities like playing football, soccer, or tag in the park with friends. A treating physician or expert witness can testify or issue a report as to the causation issues in a case.

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, Child Abuse, Medical Bills and Treatment, and other topics. You can receive this book for free at The ABCs of Child Injury.

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