DuPage County Lawyer for Daycare and School Accidents

Rosemont daycare school injury lawyer

Child Injury Attorneys Serving Melrose Park, La Grange Park, Western Springs and DuPage County

When you drop your child off at a daycare center or at school, you trust the teachers or caretakers to look after your child. And when that trust is broken to an extent where your child is injured, it may be time to seek legal counsel.

If your child was injured at school or at a daycare center, contact our law firm. At the Law Offices of Francis J. Discipio, our understanding and committed attorneys will take you step-by-step through your available options should you wish to pursue legal action.

Did Negligence Cause Your Child’s Injury?

In order to determine if negligence is occurring at your child’s daycare center or school, ask yourself these questions when visiting the facility:

  1. Is there enough staff? A significant staff to child ratio can suggest that there is a lack of proper monitoring and care of the children.
  2. Is the facility safe and clean? Are the rooms “child-friendly” or “kid-proof”? Are dangerous objects easily accessible to children? Check to see if the facility’s equipment and furniture are appropriate for your child’s age.
  3. Is there adequate access to water and a bathroom?
  4. Is there a well-stocked first-aid kit, and is there an implementation of appropriate safety measures?

Can You Still Sue If You Signed a Liability Waiver Form?

Many parents are concerned that because they signed a liability waiver form provided by a daycare center or school, they are unable to sue the facility or organization for compensation. The indemnity clause, which is included on these liability waiver forms, states that the parent or guardian signing the form will absolve the organization from any blame for their child’s injury.

However, parents and guardians are unable to merely sign away a child’s right to damages if or when the child is injured. Therefore, the so-called indemnity clause may be invalid.

What to Do When an Injury Occurs?

If your child is injured at a daycare center or school, you should first examine the injuries to gauge their severity. If need be, take your child to see a doctor. Then, talk to your child’s teachers or caretakers, and ask them what happened. If your child is speaking age, ask your child his or her recount of the accident as well.

You should take photos of the injury and keep the images protected. Email the supervisors at the daycare facility or school, and inform them of what happened. Keep those emails saved. If you discuss the situation face-to-face, ask them if you can record the conversation. These emails, images, and audio recordings could be used as evidence later.

Was the Injury an Accident or Abuse?

Finally, keep in mind that although a daycare center or school may explain a child’s injury as an accident, there is the chance that the injury could be from intentional abuse. If your child is often coming home injured, the child could be suffering abuse from a caretaker, teacher, or peer.

Contact a Personal Injury Attorney

While accidents are sometimes inevitable, negligence can and should be avoided. Always remember that your child’s caretakers and teachers are responsible for his or her well-being. If your child was injured at school or at a daycare facility, you may be eligible to receive compensation. If you believe negligence played a role in your child’s injury, call 630-574-2288, or contact us via email. We serve clients in Oak Brook, Elmhurst, and throughout DuPage and Cook County.

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