Can I Sue For Daycare Injuries?

An injury to your child can leave you suffering over the pain of your child. However, you may also feel a desire for justice. There is a way to ensure that your rights are protected and that future children aren’t hurt through a similar instance of abuse or negligence. The way is through the civil justice system. Several laws in Michigan protect children against harm and help to clarify who is responsible when an injury occurs. When these laws are broken, parents have every right to seek redress through the legal system.

Common Injuries in Childcare

Children, especially when they’re together, can get up to some pretty rough play. However, some incidents can occur through negligence or abuse. Some of the more common childcare injuries are listed below.

• Bruising
• Cuts and Scrapes
• Burns
• Choking
• Head injuries
• Broken Bones
• Poisoning
• Allergic reactions

Some injuries are simply unavoidable facts of life. However, serious injuries that require an overnight hospital stay may be the result of negligence, such as a lack of supervision or a lack of proper care. It is also possible that emotional, physical, or sexual abuse is involved in these injuries. 

Children have died in childcare facilities because of abuse. If possible, it’s essential to speak with your child to determine the cause of the injury. You should also contact the daycare facility to see if they can explain the incident. 

Michigan Laws That Protect Children Against Daycare Injuries

The chief federal law that protects children is the requirement for all states and territories to create and enforce their childcare licensing requirements. It is through these licensing programs and other laws that states like Michigan protect the rights of parents and children. Below, we’ve highlighted some of the most important Michigan laws that pertain to daycare injuries.

Child Care Organizations Act (1973)

The Child Care Organizations Act was passed into law in 1973 and came into effect on March 29, 1974. The law establishes specific standards of care for daycare facilities and other childcare organizations. These standards include requirements for a safe, clean, and generally adequate environment for children. The act also requires background checks for staff and regular inspections of facilities. 

Child Protection Law (1975)

The Child Protection Law (1975) defines abuse and neglect of children and also requires the reporting of child abuse by daycare facilities and other care providers. The act defines the powers and limits of our state’s child protective services (CPS) in their efforts to prevent child abuse. The law further grants powers and responsibilities to other law enforcement agencies and outlines their requirements to protect children from harm or injury. 

Michigan Penal Code

According to Section 750.136b of the Michigan Penal Code, “child abuse in the first degree is a felony punishable by imprisonment for life or any term of years.” The penal code defines child abuse in the first, second, third, and fourth degrees and assigns penalties to each category. If an employee or multiple employees engaged in willful abuse of a child in their care, they would violate the penal code and be subject to both civil and criminal penalties. 

Training Requirements 

The law requires daycare centers and facilities to be licensed by the state. To get a license and remain certified, childcare providers must fulfill several training requirements. Lead caregivers are required to take 90 clock hours of training across a variety of topics, from preventing infectious diseases to responding to health emergencies. If a care provider fails to act consistently with this training, it could indicate that the individual was never trained correctly. This would mean the facility broke its licensing requirements and may be liable for injuries that occurred as a result. 

Who Is at Fault for a Daycare Injury?

If your child has suffered an injury in a daycare, several parties could be held legally liable. These are groups or individuals that you could bring a lawsuit against:

• The daycare facility
• Daycare employees
• Third parties

The daycare facility, as an organization, is responsible for the health and well-being of your child while your child is in their care. They must do everything reasonable and legally required to keep the children in their care healthy and safe. If it can be shown that reasonable precautions were not taken, the facility may be liable. The daycare may also be liable if it can be shown that they have broken licensing requirements, such as by failing to provide adequate training to staff. 

It is possible to bring a lawsuit against one or more daycare employees. In this case, you and your attorneys will need to gather evidence to sufficiently prove that the defendant was responsible for your child’s injuries. 

Finally, it is also possible that one or more third parties may have liabilities in connection with your child’s injury. A contractor brought in to clean the halls may leave the floor slippery. A roofing company may fail to attach the shingles correctly, causing one to fall and hurt a child. Poorly designed or constructed playground equipment has frequently been a source of daycare injuries. These are all examples of incidents where third parties could be liable. 

What Is the Daycare Liability Clause?

Before you ever dropped your child off at a daycare, the facility most likely requested you to sign a waiver or release form. This form typically requests your name and your child’s name, along with your contact information for emergencies. However, near the bottom of this form, there is also often a liability waiver that includes language like:

“I/We, the undersigned, agree, in using the child care services provided by John Doe Daycare, to release and hold harmless all its employees from any and all claims, demands, suits, costs, or charges in connection with or arising out of the child care service.”

This language may include an exception for “gross negligence,” or it may not. Either way, such a clause may leave you in doubt about your legal standing to bring a suit to defend your rights and seek just compensation. The reality is that, in most cases, the daycare provider is still liable for neglect or abuse that occurs while the child is in their care. 

From the court’s perspective, the child remains the injured party, and the parent is acting against public policy to attempt to waive away a childcare provider’s liability before an injury has occurred. Understanding when you have legal rights to seek recourse and when you don’t requires the talent of an experienced team of attorneys who understand personal injury case law. They can investigate the details of your case to help you understand what grounds you may have and who is responsible after an injury occurs. 

What to Do Next

If a daycare facility was responsible for your child’s injury, they should be held accountable, and you should receive compensation to cover any medical bills or lost income as a result of the incident. To protect your rights, contact the Mike Morse Law Firm, Michigan’s largest personal injury law firm. We have many years of experience serving clients with personal injury claims. Our record speaks for itself. If you need legal representation, our team of more than 40 top accident attorneys is ready to serve you.