Omaha Day Care Accident Lawyers

Our Legal Team Is Here for You After Your Child's Day Care Accident in Omaha

As a parent, you work hard to provide for your children’s education, as well as their other physical and emotional needs. This may require long hours at the office, and you may not have anyone from your immediate family to care for your kids during the week. So, you do your research for a day care facility in the Omaha, Nebraska area. You need one that fits your budget and whose hours are compatible with your schedule for getting what you need to get done. Most importantly, a facility must earn your trust because the safety and health of your kids is at stake.

When that trust is broken, and your kids are hurt as a result of a caretaker’s negligent actions, you have every right to be angry. When their protection is compromised and they suffer because of it, you know that someone needs to be held accountable, and you may be wondering how you’ll go about doing that. Be assured that you don’t have to be alone in figuring out how to get the resources to help your son or daughter recover from their injuries.

You can pursue compensation for their injuries if the parties in charge of their care failed to take reasonable steps to prevent their harm. The legal team at Bottlinger Law L.L.C. may be able to help. Call an Omaha child injury lawyer today at (402) 505-8234 for a free consultation regarding your situation.

What Causes Day Care Accidents in Omaha?

Poor staff training is a significant factor in the prevalence of day care accidents. Staff who lack proper training may not recognize safety hazards, understand child development stages, or know how to respond effectively in emergency situations. This can lead to preventable accidents, such as children ingesting non-food items or suffering injuries during play. Inadequately trained staff members are equipped to provide first aid or to manage children's behavioral issues properly, which can escalate into dangerous situations. A well-trained staff is essential for creating a nurturing and secure environment for children.

Inadequate supervision is a leading cause of accidents in day care centers. When children are not properly watched, they are more likely to engage in risky behavior, resulting in injuries. For instance, a child who is unsupervised may climb on furniture and fall, or they may wander off and get lost. These incidents lead to serious injuries such as fractures, head trauma, or worse. The lack of supervision also contributes to bullying, leading to emotional distress for children.

Poor maintenance causes a variety of hazards. Unaddressed hazards, such as loose floorboards, exposed electrical outlets, or unlocked gates increase the risk of injury. A broken swing or slide may cause falls and lacerations, while an unlocked gate could allow a child to wander off the premises, placing them in danger.

The Responsibility of Day Care Workers for Your Child's Safety

Child care is such an integral part of life for many parents across the United States. According to data from Child Care Aware of America in 2014, nearly 11 million children have been enrolled in a form of child care programs. This includes:

• Child care centers
• Family child care homes
• In-home child care where a non-parent looks after the child
• Preschools

Child care can also unofficially include calling in friends, family, or neighbors to assist with watching over the kids for a certain period of time. When publishing their data on child care, the organization found that nearly two-thirds of infants in the United States were enrolled in a form of child care. The people looking after your child have a significant responsibility. There’s a lot that can go wrong when safety is not a priority, and the state of Nebraska has standards in place that must be met when it comes to this issue.

Child care regulations are issued by the Nebraska Department of Health and Human Services, and they cover all things related to the licensing of these facilities. They address the following matters:

• Provider and staff requirements
• Application information
• The outlined process of license and inspection
• Health and safety standards for children in care

How Your Child Is Most Likely to Be Injured

There may not much data readily available regarding the injuries that a child can experience while under the supervision of a non-parental adult. Some incidents may have gone unreported. What has been documented by the Organization of Child Care in the United States and National Institutes of Health is very concerning to any mother or father. Serious injury and death for a child on a premise with guardians present have included:

• Violence
• Homicide
• Drowning/pool injury
• Infection
• Harm caused by vehicles
• Slip and falls
• Ingesting toxic substances
• Bruises
• Cuts and abrasions
• Pinched nerves
• Bites
• Harm related to furniture or playground equipment
• Injuries when a window or door is involved

Signs of Negligence at Day Care Centers in Omaha

Negligence in a day care setting means that the care providers have failed to fulfill their duties, leading to harm or potential harm to children. Unsafe conditions in a day care center can be a clear indicator of negligence. Signs of negligence include broken toys, damaged playground equipment, or furniture with sharp edges that could cause injury. It's also important to look at the overall cleanliness of the facility, as unclean surfaces and spaces can lead to illnesses.

Day care centers must have safety measures in place, such as outlet covers, gated stairways, and locked cabinets for hazardous materials. If these are missing or insufficient, it signals a disregard for the children's safety. Overcrowding in play areas also leads to accidents.

A common sign of negligence is understaffing, and this dramatically increases the risk of injuries. Understaffing causes staff to miss crucial signs of distress or fail to enforce safety guidelines consistently. An inadequate child-to-staff ratio is a clear red flag that owners of the day care are more concerned about making money than protecting children.

Establishing Liability After a Day Care Accident

The duty of care is the legal obligation day care centers have to prevent reasonably foreseeable harm to children. This means the facility must take all possible steps to ensure the safety and well-being of the children in their care. This includes providing adequate supervision, maintaining a safe environment, and adhering to safety protocols. If a day care fails to meet these standards and an accident occurs, they may be held liable. Identifying this breach is crucial in establishing liability in day care accidents.

Proving causation requires demonstrating that a breach of duty directly led to the child's injury. For example, a child may be hurt because they were left unsupervised. Damages are a monetary award that serves as compensation for the impact of the injury on the child's health, well-being, and your family's finances. Damages may include:

• Current and future medical bills
• Rehabilitation
• Pain and suffering
• Medical devices
• Assisted living care
• Psychological counseling

The Next Steps To Take as a Parent

Those who supervise your child while you are unable to do so should meet the highest safety standards and guidelines set forth by the state of Nebraska. They should receive all the proper training in regard to first aid and CPR. Certified staff should be aware of common risks that could seriously harm kids, and they should know how to take steps to prevent a dangerous situation. When workers neglect to take into account your child’s safety, they should be held accountable for their actions and you have the right to pursue compensation.

After your child is injured, seek the medical treatment that they need immediately. You’re going to want to document all of their trauma. To file a personal injury claim, you also need to establish that your child was indeed enrolled at the day care in question. In addition, you’ll need to gather the details of the circumstances that led to what hurt your child. An Omaha day care accident can help you gather needed details.

Contact a Dedicated Omaha Day Care Injury Attorney

No parent should have to get that call that their child was put in harm’s way due to a day care worker’s failure. You may have signed a release form when enrolling them with the facility, but this should not stop you from seeking justice on behalf of your child. An Omaha day care accident attorney can look into the details of your circumstance to determine your legal avenues. You could be entitled to damages for current and future medical treatment, costs related to their rehabilitation, pain and suffering, and more. Get the help that you need before the state deadline of four years for filing your claim expires. Call us today at (402) 505-8234 for a free consultation.

Additional Information

• Child Care Information For Parents - Nebraska Department of Health and Human Services