Child Care Injury Attorney in Denver, Colorado
Thousands of parents trust daycare centers with the safety and wellbeing of their children every day. Although many parents never have any major issues with the daycare facilities their children attend, others are not so fortunate.
When a daycare center is negligent and a child is seriously injured, the parents or guardians of that child may be able to file a claim to recover damages. However, claims involving children can be complicated, and it is best to consult an experienced Denver daycare negligence law firm as soon as possible after a child has been injured.
Causes of Day Care Accidents in Denver
- There are dozens of ways in which children may be injured at daycare facilities. Common causes of Denver daycare center accidents include:
- The utilization of dangerous playground equipment;
- Electrical hazards, such as exposed wires:
- The presence of dangerous conditions at the daycare or childcare facility;
- Ignoring or neglecting the needs of the child;
- Negligent supervision;
- Psychological or physical abuse;
- Sexual abuse;
- Injuries caused by sharp objects;
- The presence of unsafe toys; and/or
- Unsanitary conditions in the daycare facility.
Types of Colorado Day Care Injuries
Injuries that commonly lead to daycare negligence claims may include any of the following:
- Traumatic brain injuries,
- Broken bones,
- Dental injuries,
- Lacerations and cuts,
- Lost teeth,
- Neck injuries,
- Paraplegia or quadriplegia, and/or
- Spinal cord injuries.
Child Care Negligence Lawsuits in Denver, Colorado
If your child sustained injuries in a daycare facility due to the negligence of an employee, you need to contact an experienced personal injury lawyer in Denver as soon as possible to ensure your child’s legal rights are protected.
If the daycare facility files a claim with their insurance, you will be inundated with calls asking you to provide recorded statements, including information about your child’s injuries. They will also ask you to sign medical releases and other documents that can affect your child’s claim going forward. An experienced Denver personal injury attorney can help you navigate this process. They will represent your child’s interests and explore all avenues of recovery on your child’s behalf.
In order to recover damages, the injured victim must satisfy the elements of a negligence claim. In a daycare negligence claim, the injured party (or the injured party’s representatives) must show:
- The employees of the daycare facility owed your child a duty, namely, the duty to keep your child safe and free from harm;
- The daycare provider breached that duty due to a negligent act; and
- The daycare center’s breach was the direct cause of your child’s injuries.
To prevail in a Colorado daycare injury claim, each of these elements must be proven. If one of the elements cannot be supported, the claim will fail–and the child (and the child’s family) will be responsible for all expenses related to the incident.
Filing a Claim on Behalf of a Minor in Denver, Colorado
Under Colorado law, a minor under the age of 18 is considered a person under disability. Those considered to be under disability are deemed incapable of taking legal action on their own. Parents, guardians, or other designated individuals must file claims on their behalf.
Although in most cases the statute of limitations begins to run on the date an incident occurred, in cases involving children, the deadline is different. The statute of limitations in claims involving children may not begin to run until a later date. If the daycare facility was owned or operated by a governmental entity, like a public school district, a notice of claim must be filed within 182 days of the incident, or your child will be forever barred from making a claim.
If your child is injured due to the negligence of a third party, such as a daycare center, it is critical that you consult with a Denver personal injury attorney immediately to educate yourself regarding the potential deadlines for filing a lawsuit against the negligent party.
Additionally, if you, as the parent or guardian, incurred economic losses as a result of your child’s injuries, you have limited time to pursue a claim for your own damages. If you do not file a lawsuit within the designated period of time, you may be forever barred from recovering your own economic losses.
In Colorado, the approval of a probate court judge is required before a personal injury case involving a minor may be settled. The probate judge must review and approve the settlement agreement.
The guidelines for seeking approval of a minor’s personal injury settlement are very specific. Jennifer Donaldson has experience navigating the probate court system on behalf of her clients and will guide you through this often complicated process.
3 Tips for Ensuring Your Child’s Health and Safety at Daycare in Denver, Colorado
When it is time to find your first daycare or new child care, we recommend that you:
1. Interview Potential Daycares
One of the best ways to prevent your child from suffering a daycare injury is to know that the child care provider maintains a safe environment at all times. Instead of relying on a brief tour or marketing literature, set up a time to have a thorough talk with the daycare provider.
We recommend being prepared with a list of questions and thinking carefully about their responses. You should not rely on a provider’s appearance or friendliness either.
Some important questions to ask a daycare provider include:
- What is the adult-to-child ratio?
- How do you make sure every child is accounted for at all times?
- How do you move children from one area to another?
- What are your hygiene practices?
- What are your cleaning practices?
- Where are cleaning products stored?
- What training does your staff have?
- Can I see each staff member’s CPR cards?
- What are your staff hiring procedures, and do you conduct background checks?
- How do you ensure medications are administered properly?
- Where are medications stored?
- Where are office supplies stored?
- What are your sleeping practices for infants?
- What are your food safety practices?
- How do they prevent allergic reactions?
- What is the emergency plan and how often is it practiced?
2. Look Up a Daycare’s Licensing History
The Colorado Department of Human Services keeps a record of whether a daycare has had complaints if those complaints were determined to be valid, and if a daycare provider was sanctioned. You can utilize the Colorado Child Care Facility Search to look at prospective daycares’ histories.
If you find one with one or more complaints in its past, you may wish to look elsewhere. You should also ask about these complaints during an interview to see how the situation was handled and how the provider avoids running into the same problem again.
3. Look Up a Daycare’s Rating
Colorado Shines is a program that rates participating in licensed early learning programs. Because this program is not all-encompassing, a potential daycare may not have a rating.
However, many do, and you should know what it is. Use the Colorado Shine search function online. This program also offers a question and observation worksheet, which you can utilize for your daycare interviews.
Donaldson Law, LLC | Child Care Accident Attorney in Denver
Nothing should stand in the way of the happiness and safety of your child. If you feel as though someone acted negligently and injured your child, you may be eligible to receive compensation.
Jennifer Donaldson is an experienced Denver personal injury lawyer who will carefully examine the facts of your specific situation and make every effort to help your child receive fair compensation for the serious injuries they suffered. Contact Donaldson Law, LLC at (303) 458-5000 or submit an online form for a free consultation about your child’s daycare accident in Denver today.
Contact Donaldson Law, LLC today for a free consultation about your daycare center accident claim in Denver County and the surrounding areas, including Boulder County, Jefferson County, Adams County, and Arapahoe County.