A New York toddler died earlier this month after sustaining a severe head injury at an in-home daycare, according to People Magazine. According to authorities, the 24-year-old caregiver allegedly hit the child’s head against the edge of a table. It has not been confirmed whether she hit his head intentionally or not, but she was charged with first-degree manslaughter and is awaiting trial. The injured toddler, 23-month-old Lennox Santiago, was rushed to a local hospital after the caregiver called 911. Santiago underwent brain surgery for his severe head injury but died two days later. Tragedies like this one do not happen often in daycare facilities, but unfortunately, they do occur occasionally. While taking legal action will not heal your family’s emotional pain, it could provide a path to compensation for medical bills and for seeking justice against the person who injured your child. There are a number of different types of daycare facilities in the U.S., but each one is expected to provide a certain duty of care to the children they are entrusted with. Whether it is a childcare center in a church, a preschool, after-school care, or family childcare in the provider’s own home, the caregivers who are running the facility are expected to provide a clean, safe environment for the children. When this trust is breached and tragedy occurs, the parents will likely want to take legal action. Steps to Take if Your Child Is Injured at Daycare If your child was injured at a daycare, there are a few basic things you should do immediately following the injury. First, seek medical attention, especially if the injury is life-threatening. Personal injury lawyers recommend consulting a doctor so they can officially document your child’s injuries. This written report could be useful later on if you choose to take further legal action or go to court. Next, be sure the daycare provider fills out an official report documenting what happened. If needed, file a police report as well, because this will add extra documentation to your case. Should you choose to take legal action against the daycare provider, you will need to prove that they were liable for the accident. A New York personal injury attorney can help build your case and guide you through this process. It is likely that the daycare facility will have some sort of insurance policy designed to protect them in case a child is injured on their watch. An experienced personal injury lawyer can negotiate firmly on your behalf to get you the compensation you deserve. Your legal team will need to prove:
- The daycare provider had a duty to protect your child from injury
- The daycare facility violated this duty
- The breach caused your child’s injuries
- The injury must have been foreseeable by daycare staff or management
- The nature of your child’s damages and the approximate cost of treatment (estimated medical bills, past and future)