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When a Child Is Injured or Dies at Daycare

Posted on in Personal Injury

Wisconsin personal injury attorney, Wisconis accident lawyer, Wisconsin wrongful death attorneyIn July, an almost four-month-old baby named Payton McCoy died after being put down for a nap at his daycare in Milwaukee. The caregiver of the home day care center told the police that she fed Payton a bottle formula around noon, and then swaddled him and laid him down on his back, on a cushion called a Snuggle Me Cushion, on a twin bed. An hour later she found him still swaddled, but with his head against the wall and part of his face over the gap between the mattress and the wall. The woman was not licensed by the state of Wisconsin, and the mother reported that she had previously asked the provider not to use that cushion with Payton.

The daycare provider has been arrested for neglect. The fact is, if such a nightmare situation ever occurs, there is not always recourse for parents against the provider, especially an unlicensed one who may not carry insurance.

Legal Recourse When a Daycare Incident Injures Your Child

There is no lawsuit or amount of money in the world that a parent would not forego in exchange for having their child remain safe and unharmed at daycare. However, sometimes legal action is all a parent has, in the event a child is seriously injured or dies at daycare. If your child has been hurt or abused at daycare, you need a lawyer who will zealously fight to hold the responsible parties accountable for your child’s injuries, and act to ensure that no other child is injured the way yours was.

The most common claim brought against a daycare is one for negligent supervision. It is difficult for daycare providers to provide adequate supervision at all times to all children, and the danger is particularly high during play situations, when the children are all running around. Other dangerous times, as in the case of Payton McCoy, are nap times, as the staff may not be able to monitor all babies at all times. Even in fully staffed daycare facilities, accidents occur and most often occur when a child was not properly supervised.

Often times a child is injured engaging in an activity that the daycare provider should have prevented. Some cases of negligent supervision are brought after an adult fails to keep one child from injuring another child. There is no shortage of injuries that our children sustain at daycare when they are not properly supervised. The types of accidents that lead parents to seek legal recourse include head traumas, electrical injuries, falls from high up, burns, and others that result from negligent supervision.

There are also rare cases when a parent has legal recourse because an employee or other adult at a daycare physically or sexually abused the child. This is certainly a serious and grave type of claim to bring against a daycare provider, and there will almost always be accompanying criminal charges against the daycare provider.

Our Attorneys Are Prepared to Help

Cases involving daycare injuries can be very complex, and it is essential that you contact an experienced Milwaukee personal injury attorney who can navigate Wisconsin law and help you get the compensation your child deserves. The lawyers at our firm are experienced in seeking justice and damages for personal injuries suffered by children at daycare. Call us at 414-271-1440 or send us an e-mail today for a consultation.

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