Let a Cook County Daycare Injury Lawyer Answer Your Most Pressing Questions
Many parents call our law office after their child has suffered a serious injury at a school or daycare, to ask questions about their legal options and whether or not they can sue. Each case is different and takes a careful evaluation, but in many situations when there is negligence involved, a parent may have justifiable cause to file a suit against the facility. If you believe you have a case, you can call 1-800-NOW-HURT to request a free consultation with a Cook County daycare injury lawyer at our firm.
Common Types of Daycare & School Incidents
There are numerous hazards and risky situations that can arise at school or daycare. Some of the ways children often sustain injuries include the following.
- Falling (over toys, book bags, uneven floors, on the playground, etc.)
- Physical, sexual, or verbal abuse or misconduct
- Choking on food or foreign objects
- Wandering away from the facility
- Outsiders gaining access (kidnapping, assault, school shootings, etc.)
- Injuries during field trips
Was the daycare center or school negligent?
All educational institutions and child care providers have a legal duty of care to its students. This means they must take all reasonable and necessary steps to ensure the children are kept safe while under their care. Failure to uphold their duty – either by acting negligently or failing to preempt a preventable injury – is considered negligence in the eyes of the law.
Injury and wrongful death lawsuits hinge on the concept of negligence. If the facility or workers at the facility somehow were negligent, there is a good chance you will be able to hold them accountable for your child’s damages by filing a claim or lawsuit.
Below are few examples of daycare and school negligence.
- Hiring unqualified personnel or failing to perform background checks on them
- Poor maintenance of playground equipment (If the playground equipment was defective, you also may be able to file a suit against the manufacturer.)
- Poor supervision
- Unsafe sleeping conditions
- Inadequate security
- Failing to deal with bullying complaints
Determining If You Have a Viable Lawsuit
If your child was injured at school or daycare, your first objective will be to determine if there is a legal remedy for your family. Holding someone accountable for the harm your child has suffered can be a complicated process, but don’t be discouraged. The Cook County daycare injury lawyers at Buttafuoco & Associates can help.
First, we will review your story and determine which, if any, party can be held liable. If the injury occurred at a private school or a private daycare, it’s likely that the facility itself is the party against which we will file a personal injury lawsuit. If the injury occurred at a public school, different rules would apply. With lawsuits against government entities, we will have to file a suit with the Court of Claims, a particular group of judges whose task is to hear cases against the government. Finally, if the injury was the result of a third party’s negligence, such as a defective playground structure or a hired cleaning service, we will file a third party claim against the appropriate party.
Note: Any personal injury or wrongful death claims you file for your child’s injury at school or daycare are completely separate and distinct from any criminal charges filed against the wrongdoer. Criminal cases will be handled by the state prosecutor.
Contact our office today at 1-800-NOW-HURT for a free consultation and let us help your family pursue the restitution and justice you deserve.