Daycare provider negligence is failure to properly supervise a child. If a child is lost, injured, or otherwise harmed due to lack of reasonable supervision, this can be considered negligence.
Most parents believe that only physical abuse, such as hitting or restraining a child, amounts to negligence that could result in civil or criminal liability. This belief is not however true. Negligence in a child care setting is the breach of the child care provider’s duty to the children, which is to treat them with reasonable care. This duty includes keeping the children safe and providing for their physical, emotional and psychological needs, including proper food, rest, and appropriate activities within a secure environment. A breach of this duty can be physical, but it can also be psychological. Also a breach of this could not be related directly to childcare, such as dangerous buildings, outdoor spaces, and other areas that the children have access to.
As a parent or guardian you should be aware of the signs of child care negligence. These can range from physical marks on your child to something much more subtle. You could also notice signs of negligence at the daycare center or provider’s home and not through your child at all.
If you believe your child has been hurt at a daycare facility or that the premises are not safe, find an alternative child care provider immediately, have your child examined by a trusted physician and contact an experienced Cochran Firm attorney as soon as possible. We can investigate the situation, including whether the child care facility is compliant with the law and whether there is evidence of negligence.