Properly licensed daycare centers employing trained, vetted staff can provide parents with the peace of mind of knowing their child is being adequately cared for during work hours. However, before placing your child in a daycare facility, it’s important to consider some major factors in choosing the right center. If you’ve taken careful measures but your child was still injured while at daycare and you suspect negligence to be involved, you might be able to bring a lawsuit against the facility for personal injuries sustained by your child with the help of a Memphis injury lawyer.
In order to establish a claim for negligence, first, you must prove the daycare center where your child was injured had a duty of care, violated that duty and due to that violation, caused your child to be injured.
Defining Duty of Care
A daycare center’s duty of care is defined as the degree of care the facility could reasonably be expected to act upon in order to prevent foreseeable harm. Because this definition is not absolute, the degree of care expected is often determined by the circumstances leading up to your child’s injury—the cause of the injury or how it occurred and the nature of the injury—and how those circumstances compare to a typical day at the daycare center. Your Memphis law firm can help you determine how these factors affect your potential claim.
If it has been found that the daycare facility where your child was injured breached their duty of care, your Tennessee personal injury attorneys at Porter Law will work to prove that this breach was the direct cause of your child’s injury. In order to prove this, it must be established that, were it not for the daycare facility not meeting their duties, your child would not have been hurt. You must also prove that there were no intervening, foreseeable events that contributed to your child’s injury, proving the facility was the proximate cause of the injury, therefore negligent and liable for the injury.
Ensuring your child’s safety and well-being is of the utmost importance, and failing to uphold that promise to the point that a child is injured is inexcusable. At Porter Law, we can help you complete the steps above and help you get justice for any harm that came to your child while under the supervision of a daycare center.