Child Injuries at Daycare and Childcare Facilities

For the tens of millions of American parents who work and are constantly on the go, choosing a childcare facility to watch their children is one of the most important decisions of a family’s life. Due its great importance, childcare facilities are heavily governed in California by the California Code of Regulations Title 22, which…
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$4,970,000
Acuerdo conductor y autobús
Acuerdo conductor y autobús
$4,750,000
Frente a la colisión
Frente a la colisión
$4,000,000
Accidente de motocicleta
Accidente de motocicleta
$2,000,000
Resbalón y caída
Resbalón y caída
$1,560,000
Resbalón y caída
Resbalón y caída
$1,000,000
Mordedura de perro
Mordedura de perro

Child Injuries at Daycare and Childcare Facilities

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For the tens of millions of American parents who work and are constantly on the go, choosing a childcare facility to watch their children is one of the most important decisions of a family’s life.  Due its great importance, childcare facilities are heavily governed in California by the California Code of Regulations Title 22, which requires a childcare facility to comply with requirements to gain a license.  When a parent chooses a childcare facility, most parents have to sign a multitude of contractual papers including indemnification clauses and liability clauses.  Even though parents may think they sign their rights away with these contracts, when a child has been injured, most courts still hold the childcare facility liable for any and all injuries to the child. Indeed, most courts find that these facilities have a duty of care that is owed to the child and parents that cannot be waived off.

Unlicensed childcare facilities

What might come as a shock to many parents is that childcare facilities at heath clubs/gyms, supermarkets and churches may not require a license at all.  These non-traditional childcare facilities are exempt from regulatory licensing requirements as long as the parents are at the facility while the child is in daycare.

So what happens if you go for some quick cardio at the gym, put your precious child in the gym's daycare facility, only to realize later that your child has been injured?  This very issue is currently being litigated in San Francisco.

A mother put her young son in the childcare facility at the Bay Club fitness center in San Francisco, California.  The child was injured at the gyms childcare facility.  After contacting the clubs ownership, the club stated that it was exempt from any regulation by the state, and claimed no wrongdoing in this matter.  The parents of the injured child are suing on his behalf, and are awaiting trial to see if this club owes a duty of care.

Questions to ask before selecting a daycare program

The outcome of this case should be a potential warning for all parents who are planning on using these non-traditional facilities to care for their child.  Parents need to ask the following questions before putting their children at these types of non-traditional facilities:

  1. Am I signing a separate childcare facility contract which includes the duties involved with the protection of my child? Or is the facilities part of my membership fee (as with a gym) and there is no contract specifying what the facilities will offer?
  2. What type of training do the facility operators have? What type of education and background do they have?  Are the staff certified in first aid/emergency care etc?
  3. How many facility operators are on shift when my child is there? What is the ratio of children to facility operators?  Too many children and too few operators could be a disaster.

Suing for your injured child

Even if you haven’t asked these questions, you still can sue for damages if your child is injured.  Just like the Bay Area Club Case, parents should not feel hesitant to fight for damages after their child has been injured.  If you or someone you know has a child who has been injured in a non traditional child care facility, tell them to contact the experienced injury attorneys at Ghozland Law Firm for a free consultation.

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Tenemos más de 40 años de experiencia en derecho laboral y de lesiones personales

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Nuestros abogados de empleo y lesiones personales reconocen que las personas con las que trabajamos normalmente pasan por momentos abrumadores y estresantes en sus vidas. Cuando una persona nos contrata, nos esforzamos por brindarle al cliente la representación legal sólida y el asesoramiento eficaz que necesita para recibir una compensación justa y equitativa. Nuestros abogados experimentados están dedicados a ayudar a nuestros clientes en sus momentos de necesidad. Nuestro equipo de empleo y lesiones personales está compuesto por abogados muy respetados que han estado involucrados en varios acuerdos multimillonarios, lo que nos valió ser miembros del Million Dollar Advocates Forum®. Esto demuestra aún más nuestra capacidad para abordar casos de accidentes complejos.

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Michael es absolutamente increíble y no podría estar más agradecido por todo lo que hizo por mí. Es amable, atento, realmente se preocupa por el cliente y quizás lo más importante es que tiene un gran conocimiento en lo que respecta al mundo de los daños personales. Hay muchos...

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After getting being a victim of a hit and run I decided it would be a good idea to look up an injury lawyer. One of my friends suggested me Ghozland Law Firm I gave them a call. Jasmine Jackson was in charge of my case and she did an amazing job helping me through all the...

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A friend of mine referred me to Michael after I was in a car accident. It was a complicated case that involved several cars. I mostly communicated with Jasmine, who was so kind and helpful. We were immediately able to get medical care and time off from work. They even sent...

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Con más de 40 años de experiencia, hemos manejado muchos casos de resbalones y caídas. Puedo brindarle el calibre de servicios legales que normalmente solo están disponibles para grandes empresas, debido a mi experiencia en litigios a gran escala que han resultado en indemnizaciones de millones de dólares en muchas ocasiones. En 2014, Michael Ghozland fue nombrado "Luchador callejero del año" por los abogados del consumidor de California en 2014. Debido a mi excelente historial judicial, ganar su caso probablemente signifique obtener un acuerdo privado, sin necesidad de acudir a un tribunal. Las compañías de seguros conocen mi reputación y la mayoría preferiría llegar a un acuerdo antes que enfrentarme en una demanda por resbalón y caída.