Can You Sue Daycare for Child Injury in Iowa?
Leaving your child at a daycare requires a lot of trust. You are leaving your child with strangers and hoping that they are safe. A parent may leave their child with a daycare provider and not even know if the child is supervised, protected, and cared for throughout the day. Many daycares are very safe and responsible, and minor bumps, bruises, and scrapes are simply part of childhood. What happens, though, if there is a serious injury due to negligent behavior? Can you sue daycare for child injury in Iowa?
The answer to this question depends on the circumstances surrounding the case, but yes, it may be possible to sue a daycare if your child is injured. This is especially true if the negligence of the daycare contributed to the child's injuries.
If you have found yourself in a position where your child was injured at daycare and you believe the daycare was negligent, the best thing to do is to make an appointment with a child injury attorney to discuss the case.
Are Daycare Providers Responsible for Children's Safety?
Yes. A daycare center or childcare provider has a legal duty to take reasonable steps to ensure children are safe when they are in their care. Children are naturally curious, however, and they often do not understand or recognize a dangerous situation. Because of this, the daycare, its staff, or other childcare professional must ensure proper safety measures are taken and that the child has appropriate supervision.
This goes beyond simply watching a child as they go throughout their day. Legally, a daycare must also do the following:
Properly supervise children during playtime
Hire qualified staff
Conduct appropriate background checks when required
Maintain safe playground equipment
Keep classrooms free of hazards
Follow health and safety regulations
Respond appropriately to emergencies
When a daycare or childcare provider doesn't do these things, and a child is injured because of it, the facility can be liable and, in that, case, you may be able to file a child injury lawsuit.
Not Every Daycare Accident Means the Daycare Was Negligent
When considering working with a daycare injury attorney to file a personal injury lawsuit against a daycare or childcare provider, it's important to realize that just because a child is injured at daycare, that doesn't mean the daycare was negligent.
It's very common for children to fall or trip. They might bump into other children while playing and get a cut or bruise. They may be playing with a toy and receive a minor injury. Even in a well-run daycare, injuries happen even with appropriate supervision.
However, there is an important distinction between an unavoidable accident and an incident where the daycare facility fails to provide reasonable care.
If the injury could have been reasonably prevented, there may be legal liability at play, and a call to a personal injury lawyer could be appropriate. They help with questions like how do class action lawsuits work?
Common Causes of Daycare Injuries
Children get hurt all the time, and these injuries can be caused by any number of incidents. Some of the most common causes we see for daycare injuries include:
Inadequate Supervision
Oftentimes, when we look at daycare injuries, the leading cause is lack of adequate supervision.
Young children must be watched constantly, especially around things common in a child's daycare facility like playground equipment, stairs, water features, or activity areas. When a caregiver is distracted or they leave the children unattended, preventable accidents may occur.
Examples of this include:
A child wandering away from the group
Falls from playground equipment
Children engaging in rough play without intervention
Access to dangerous areas
Unsafe Playground Equipment
Even if daycare staff are watching children, it's also common for injuries to occur due to faulty playground equipment. Outdoor play areas, for instance, should be inspected regularly and be maintained.
Things like broken swings, damaged slides, loose bolts, exposed concrete, and deteriorating climbing equipment can all increase the risk of a child being seriously injured.
Daycare providers must also ensure that the playground surfaces are cushioned in the event of a fall.
Dangerous Conditions Inside the Facility
There are also interior hazards to consider in a daycare facility. Examples of these include:
Wet floors
Broken furniture
Unsecured bookshelves
Accessible cleaning chemicals
Exposed electrical outlets
Choking hazards
Unsafe cribs or sleeping areas
There are ways to reduce these risks, including routine inspections and proper maintenance.
Negligent Hiring or Training
The issue could also come with the staff of the facility. Parents who send their children to daycare trust that the facility will hire people who understand how to care for children. If a staff member isn't properly trained or educated, or if the daycare hires someone without properly screening them, the children at the facility could be at an increased risk of injury.
Proper training should include supervision techniques, emergency response procedures, first aid, safe sleep practices, and child development.
Motor Vehicle Accidents
There are also some daycare centers that take children on field trips or pick them up or drop them off from home or school. If a child is injured in a daycare vehicle accident that is caused by a negligent driver, more than one party could share responsibility depending on the circumstances.
Common Daycare Injuries
There are a number of things that can happen in daycare settings, and some of the most common injuries include:
Broken bones
Head injuries
Concussions
Cuts requiring stitches
Burns
Choking incidents
Dog bites
Playground injuries
Drowning or near-drowning incidents
Finger and hand injuries
Eye injuries
Poisoning from hazardous substances
Oftentimes, injuries heal quickly, but in other cases, the child can experience long-term medical complications or even permanent disabilities.
What Should You Do if Your Child Is Injured at Daycare?
Learning that your child has been hurt can be overwhelming. Taking a few important steps can help protect both your child's health and your family's legal rights.
Seek Medical Attention
Even if the injury initially seems minor, it's important to get medical care as soon as possible. Some injuries, especially head injuries or internal injuries, might not show up immediately.
Getting medical care immediately also documents the injury and connects it to the incident at the daycare.
Ask Questions
You should also get a detailed explanation of what happened and how the injury occurred. Some of the questions you should ask include:
Where did the injury happen?
Who was supervising?
Were any witnesses present?
Was an incident report completed?
When were you notified?
Take notes during these conversations.
Request Documentation
Most licensed daycare facilities prepare incident reports after a child is injured.
Request copies of:
Incident reports
Photographs
Video footage, if available
Witness statements
Communication logs
These documents may become important if questions arise later.
Photograph Your Child's Injuries
Take photographs of visible injuries as soon as possible and continue documenting the healing process over the following days and weeks.
How Is Negligence Proven?
To recover compensation in a daycare injury case, it generally must be shown that the daycare failed to exercise reasonable care and that the failure contributed to the child's injuries.
Evidence may include:
Incident reports
Surveillance video
Witness statements
Medical records
Licensing violations
Inspection reports
Employee training records
Maintenance records
An experienced attorney can investigate these issues and determine whether negligence may have occurred. For more information, an injury law firm in Des Moines may be able to help.
What Compensation May Be Available?
If a daycare's negligence caused your child's injuries, compensation may be available for losses such as:
Medical expenses
Future medical treatment
Physical therapy
Counseling or psychological treatment
Permanent disability
Pain and suffering
Emotional distress
Scarring or disfigurement
Every case is unique, and the amount of compensation depends on the specific facts and the severity of the injuries.
Are There Time Limits for Filing a Lawsuit?
Like other personal injury claims, lawsuits involving daycare injuries are subject to legal deadlines.
These deadlines can vary depending on the circumstances of the case, making it important to speak with an attorney as soon as possible. Waiting too long may make it more difficult to preserve evidence or protect your legal rights.
Can a Daycare's Insurance Company Be Trusted?
After a child is injured, the daycare's insurance company may contact parents for information about what happened.
While insurance adjusters may appear helpful, their job is to protect the insurance company's financial interests.
Before accepting a settlement or providing a recorded statement, many parents choose to speak with an attorney to better understand the full extent of their legal rights.
When Should You Contact a Personal Injury Attorney?
Not every daycare injury requires legal action. However, it may be worth speaking with an attorney if:
Your child suffered a serious injury.
You believe the daycare failed to properly supervise your child.
The daycare refuses to explain what happened.
Medical expenses are significant.
The injury may have lasting effects.
You believe licensing or safety rules were violated.
An attorney can review the circumstances, gather evidence, and explain whether you may have a valid claim.
Contact Tom Fowler Law
Parents place tremendous trust in daycare providers to protect their children. When that trust is broken because of negligence, the consequences can be devastating for both the child and the entire family.
If your child was injured at a daycare in Des Moines or anywhere in Iowa, the experienced team at Tom Fowler Law is here to help. We can review the facts of your case, explain your legal options, and help you pursue the compensation your family may deserve. Contact us today to schedule a consultation and learn more about your rights under Iowa law.