Is It Normal For Children To Fall At Daycare?

As a parent, placing your trust in a daycare facility to care for your child is a significant and emotional decision. You want your little one to be safe, nurtured, and happy in an environment that fosters growth and development. However, when your child comes home with bruises or injuries, it is natural to feel alarmed and concerned. 

Likely, your immediate concern is to ensure your child’s safety and well-being. Still, you may also feel a profound sense of betrayal, hurt, or anger. Filing a personal injury lawsuit against the daycare is a step toward justice and accountability.

At Mike Morse Law Firm, our compassionate and experienced daycare injury lawyers are here to provide the support and guidance you need during this difficult time. Call us at 855-MIKE-WINS to discuss your family’s legal options.

Common Childhood Injuries

Toddlers are naturally curious and energetic, which means minor bumps and bruises are part of their daily adventures as they explore their world and develop new skills. 

Common injuries that can occur in a daycare setting include:

• Minor bruises and scrapes: It is normal for toddlers to get small bruises and scrapes from playing, running, climbing, and interacting with their peers. These injuries are usually superficial and heal quickly.
• Small cuts and scratches: During arts and crafts, outdoor play, or interactions with toys, children might get minor cuts or scratches. These are generally minor and can be treated with basic first aid.
• Bumps on the head: Falls are common as toddlers learn to balance and coordinate their movements. A bump on the head can happen when a child trips, slips, or collides with objects or other children.

While such minor injuries are part of growing up, it is important to recognize when an injury might be a sign of something more concerning.

Recognizing Signs of Abuse or Neglect

Certain types of injuries and behavioral changes can indicate that a child is experiencing abuse or neglect.

Here are some key signs to look out for:

• Unexplained or repeated injuries: If your child frequently has unexplained bruises, burns, or fractures – or if the injuries seem to follow a pattern – this could be a sign of abuse. Multiple injuries over a short period are particularly concerning.
• Injuries in unusual locations: Bruises or injuries on the back, buttocks, thighs, or other areas typically covered by clothing are less likely to occur accidentally and may indicate abuse.
• Fear of caregivers: If your child shows fear, anxiety, or reluctance around specific daycare staff members, this is a significant red flag. Pay attention to your children’s body language and emotional responses when discussing their day or their caregivers.
• Behavioral changes: Sudden changes in behavior, such as increased aggression, withdrawal, clinginess, or regression in developmental milestones (e.g., potty training or speech) may signal distress or trauma. Nightmares, sleep disturbances, and changes in appetite can also be indicators.

Steps to Take If You Suspect Abuse or Neglect

Once you notice signs that raise your concern and have talked with your child about what happened, you may decide that taking further action is necessary.

Here are some suggestions to follow:

• Document everything: Keep detailed records of any injuries, including photos, descriptions, and dates. Note any explanations your child provides, even if vague or incomplete. Document behavioral changes and any other signs of distress.
• Seek medical attention: Have a healthcare professional examine your child to document the injuries and assess possible signs of abuse or neglect. A medical evaluation can provide important evidence and ensure your child receives the necessary care.
• Communicate with the daycare: Arrange a meeting with daycare staff and management to discuss your concerns. Present your documentation and ask for their explanations and any incident reports. Observe their responses carefully.
• Report to authorities: If you suspect abuse or neglect, report your concerns to child protective services or local law enforcement. Remember, proof of abuse or neglect isnot required to make a report.

Childhood neglect or abuse can deeply impact a child’s life, leaving lasting emotional, psychological, physical, and social scars. This trauma can result in anxiety, depression, and PTSD, as well as feelings of low self-worth or self-harm. If such maltreatment is suspected, swift action must be taken to protect your little one.

Filing a Personal Injury Lawsuit Against the Daycare

To file a personal injury lawsuit against a daycare, you must prove that the daycare was negligent and that their negligence directly caused harm to your child. For instance, the following are common grounds for filing a personal injury lawsuit against a daycare.

Negligent supervision

Negligent supervision occurs when daycare staff fail to monitor and care for the children under their watch adequately. 

A lack of proper supervision can lead to various injuries and unsafe situations, including:

• Accidents: Without proper supervision, children may engage in risky behaviors, such as climbing on unsafe structures or engaging in rough play, leading to falls, cuts, or broken bones
• Bullying or aggression: Inadequate supervision can result in unchecked bullying or aggressive behavior among children, causing physical and emotional harm
• Wandering off: A lack of supervision may allow children to wander away from the daycare premises, putting them at risk of injury

Unsafe premises

The State of Michigan has many laws and requirements regulating the operation of childcare facilities. Sadly, some providers fail to maintain a safe environment for the children in their care, which can lead to serious injuries. 

Some examples of unsafe premises are:

• Faulty playground equipment: Broken or poorly maintained playground equipment can cause falls, fractures, or other injuries
• Lack of childproofing: Areas that are not childproofed, such as open electrical outlets, sharp corners, or unlocked cabinets with hazardous materials, can pose significant risks
• Poor maintenance: Slippery floors, unsecured rugs, or broken furniture can lead to accidents and injuries

Abuse or neglect

Abuse or neglect by daycare staff is one of the most severe grounds for a lawsuit.

Abuse and neglect of a child can take several forms:

• Physical abuse: Any intentional physical harm inflicted on a child, such as hitting, slapping, or shaking
• Emotional abuse: Verbal abuse, intimidation, humiliation, or any actions that cause psychological trauma to a child
• Sexual abuse: Any inappropriate or sexual contact or behavior directed towards a child
• Neglect: Failing to provide basic needs such as food, water, hygiene, medical care, or a safe environment; neglect can lead to malnutrition, illness, and emotional distress

Of course, these are not the only grounds for a lawsuit. A lawyer can delve into the unique details of what happened to your child and help you determine whether you have legal grounds for a lawsuit.

How a Daycare Injury Lawyer Can Help Your Family

Your child’s well-being and safety are paramount. If you suspect that your toddler has been a victim of abuse or neglect at daycare, you should take immediate action. By pursuing a personal injury lawsuit, you are not only seeking justice for your child but also helping prevent other children from experiencing the same pain.

Why not schedule a free, confidential consultation with one of our dedicated personal injury lawyers to discuss your family’s next steps? Our goal during this consultation is to empower you with knowledge so you can take confidence in your next steps.

You will likely have many questions about the legal process, potential outcomes, and what to expect. We can provide thorough, honest answers to help you make informed decisions about your family’s legal recovery.

You are not alone in this fight. When you enlist the support of our lawyers, we will stop at nothing to hold the responsible parties accountable and seek the compensation your family deserves. Contact Mike Morse Law Firm at 855-MIKE-WINS to schedule a free consultation with one of our daycare injury lawyers.