About half of American babies and toddlers are regularly cared for by non-parental caregivers, and about half of young children ages 3-4 are enrolled in preschool. As of 2022, about 95.9 percent of children ages 5 to 17 were enrolled in either public or private school. Between daycare, preschool, and school, most children spend hours away from their parents in the care of other adults and facilities each week – some from as early as a few weeks old. Parents depend on these caregivers and teachers to provide a safe and nurturing environment, but accidents and preventable injuries do happen.
School/Preschool/Daycare Injury Claims
Negligence occurs when a caregiver, teacher, or facility fails to provide the level of care and supervision reasonably expected to keep a child safe. When negligence leads to an injury, families may be left facing emotional trauma, medical expenses, and difficult questions about how the incident could have been prevented.
If your child was injured in a daycare, preschool, or school accident, it is essential to understand your legal rights as well as the legal rights of your child to secure medical care, protect your family’s financial stability, and hold all negligent parties accountable. An experienced child injury attorney can support your family through this challenging time by helping you pursue a school, preschool, or daycare injury claim and seek the compensation needed to support your child’s recovery and long-term well-being.
Daycare/Preschool/School Accident Statistics
The Centers for Disease Control and Prevention (CDC) reports that there were approximately 26.2 million emergency department visits for unintentional injuries in the United States in 2022. Children make up a significant portion of these injuries.
- A study published in JAMA Pediatrics found that more than 82,000 playground-related injuries among preschool-aged children occurred in daycare or school settings over a five-year period.
- Research published through PubMed found an overall injury incidence rate of 19.7 injuries per 1,000 child-years in daycare centers, with researchers concluding that many injuries could have been prevented through better training and safety measures.
- Another study reviewing records from four daycare centers found that more than 1,000 injuries were reported among 527 preschool-aged children in a single year, though most injuries were minor.
- A recent study examining injuries in public daycare centers found that falls were among the leading causes of injury, and nearly 40 percent of injuries involved the head.
Determining Liability in School/Preschool/Daycare Accidents
Understanding who may be responsible for an injury your child sustained at a daycare, preschool, or school is an important first step in protecting your child’s rights and pursuing the compensation your family may need to recover. It’s important to understand that determining liability is not always straightforward because responsibility may involve multiple individuals or organizations, including caregivers, teachers, administrators, private childcare providers, school districts, or third-party contractors.
• If a daycare, preschool, or school failed to provide proper supervision, liability may rest with the facility or its employees. Young children require close attention, and injuries can happen when caregivers fail to properly supervise playground activities, classrooms, nap times, transportation, or interactions between children. In these situations, claims are often brought against the facility and its insurance coverage.
• Hazards such as broken playground equipment, unsafe furniture, slippery floors, exposed electrical cords, unlocked gates, or dangerous classroom materials can put children at risk of serious injury. If an injury was caused by unsafe conditions on the property, the daycare, preschool, or school may be responsible for failing to maintain a safe environment.
• Facilities have a responsibility to properly screen employees, conduct background checks, maintain safe staff-to-child ratios, and ensure caregivers and teachers are trained to respond to emergencies and supervise children safely. If an injury was caused by negligent hiring, poor training, or understaffing, liability may extend to the organization operating the daycare or school.
• If a child was injured because of abuse, neglect, or repeated safety violations, liability may also involve administrators or third parties who failed to report concerns or take corrective action. In some cases, prior complaints, licensing violations, or ignored safety concerns may show a pattern of negligence that contributed to the injury.
How a Personal Injury Attorney Can Help
A personal injury lawyer can help by thoroughly investigating the accident, identifying all potentially responsible parties, and gathering the evidence needed to build strong daycare injury claims. An experienced attorney understands how to navigate claims against all types of parties to pursue compensation for medical expenses, future care needs, pain and suffering, and other losses. Having legal guidance allows parents to focus on their child’s recovery while protecting their family’s legal rights.
Contact a Child Injury Lawyer Today!
A child injury lawyer can help you recover a full and fair settlement for the injuries sustained to your child caused by the negligence of another. We know the sneaky strategies used by insurance companies to get injured people to agree to settlements far below what they are worth. There are no up-front costs to you to file a claim and our clients typically end up with a settlement or jury award that is five to ten times larger than they could have negotiated on their own. We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County who were injured in Washington State since 1979. Contact the experienced and hard-working child injury lawyers at Tario & Associates, P.S. in Mount Vernon, WA today for a FREE consultation!
