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What Should a Parent Do When the Day Care Center Fails to Follow Regulation, Policies and Procedures?

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network


Day Care Centers are subject to State rules and regulations as well as internal and company wide policies and procedures. When these regulations, policies, and procedures are followed by day care centers, there is a strong likelihood that the day care center is clean, safe, and well staffed. Most policies are in place for the protection and well being of the children under the care of the day care center. It is important that the day care center have proper staff to child ratios, well maintained indoor and outdoor facilities, emergency procedures, record keeping standards, and other practices in place. When a day care center cuts corners and / or ignores policies, procedures, or regulations, children are put at risk and danger for personal injuries.

Many of these personal injuries suffered in a day care center would have been prevented with better supervision and timely maintenance of the day care center facility. If a child is injured at a day care center, it is important for a parent to have the injuries evaluated and treated by medical professionals. Whether the injuries are minor or permanent in nature, a parent should get the advice of a Child Injury Lawyer to determine the viability of a claim or case and the child’s right to compensation and damages for the personal injuries. A Child Injury Lawyer will evaluate the particular facts and circumstances of the case including the where the incident took place, time of day, the employees in or near the area, the preventability of the injuries, the applicability of State day care center rules and regulations, the severity of the injuries, and other factors.

Many States including the State of Georgia have been closely monitoring and keeping statistics as to compliance with day care rules and regulations. See Regulation and Supervision of Georgia Day Care Centers. While State oversight and inspection are important, local and State agencies cannot prevent all injuries from taking place a day care center. Just because a facility passes a State inspection does not mean that the day care center is not responsible for injuries that take place at a day care center. In each potential day care center case, the Child Injury Attorney will evaluate the facts and circumstances to determine if the four elements of a case have been met. The four elements of a case are as follows: 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages. Because a day care center case can be quite complex, it is important to consult with a Day Care Center Injury Attorney to determine if the elements can be proven.

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, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. Get this book for free at The ABCs of Child Injury.

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