Anyone who entrusts a daycare facility with his or her children expects the employees will keep them safe. Unfortunately, there are far too many instances of daycare workers in Pennsylvania failing to fulfill this basic duty, sometimes with devastating consequences.
If your child was hurt while at daycare because of an employee’s or owner’s irresponsible conduct, you should seek help from a compassionate premises liability attorney. With a knowledgeable State College daycare injury lawyer by your side, you may have the best possible chance of securing a successful resolution to your case and obtaining the monetary damages your child needs for recovery.
As with most civil claims based around personal injuries, proving “negligence” is essential to achieving a favorable settlement. A negligent action is defined as causing harm either inadvertently through reckless or careless conduct. A person who acts in this manner may be held financially responsible for all ensuing damages based on his or her violation of an applicable duty of care.
The duty all daycare employees and owners owe to the children in their care is to provide a safe environment, free of any hazardous conditions that might cause harm. This could be anything from a supply closet with sharp office supplies being left open, broken or rusted playground equipment, inadequate supervision, or even exposure to mold, asbestos, or toxic cleaning chemicals.
If any such condition is the direct and primary cause of a child’s injury, requiring professional medical care while at daycare, there could be grounds for litigation. A State College daycare injury attorney could explain how negligence works in greater detail during a free, private consultation and will tenaciously pursue a claim against the responsible parties.
Parents or guardians filing suit on behalf of their injured children are subject to a few additional rules that would not apply if they were submitting for themselves. Most notably, any settlement agreement reached in a daycare injury case or any other claim involving injury to a child must be approved by a court before the settlement can be finalized and the funds can be disbursed.
There are also strict regulations regarding how settlement funds obtained on a child’s behalf must be managed until that child turns 18 and can legally take possession of the money. These funds must be deposited into an interest-bearing account in which the principal is preserved, and cannot be accessed until the child reaches the age of 18. In some circumstances, a parent can petition the court to request that funds be disbursed for a legitimate purpose – such as medical or educational expenses. A daycare injury lawyer in State College could be a crucial resource when it comes to understanding and making effective use of a parent or guardian’s rights in this kind of scenario.
As the parent or guardian of a child who got hurt while at daycare, you have the right to pursue personal injury litigation on your child’s behalf if his or her injury caused by a daycare worker or owner’s negligence. However, just because you have legal standing to file a claim does not mean achieving a successful result is a simple matter, especially if you try to fight for compensation without a knowledgeable legal professional’s guidance.
Assistance from a State College daycare injury lawyer at Marcus & Mack could make all the difference in your odds of securing the monetary damages your child deserves. Call today to learn more.