This is the next article in my series on injuries which occur due to childcare neglect. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if your son or daughter has been injured. It is important that you speak with counsel sooner, and not later, as you will only have a limited amount of time in which you may take action. In this article, I will be discussing when childcare providers may be held liable in Illinois. If you or a loved one need assistance then contact my office today to speak with a Peoria personal injury lawyer.
Illinois daycare providers can be liable for negligence if they breached a duty of care and injuries resulted
Daycare providers owe a duty of care to the children they supervise as well as their families. This duty requires that they take reasonable measures to make the facility safe and secure for the children. Included in such measures are properly screening and training of employees, making sure the facility is properly maintained, and having proper security. If these obligations are breached, and injuries result, then the daycare provider may be liable for damages. Compensation in such a matter may include past and future medical expenses, past and future pain and suffering, economic losses if the child has suffered long-term harm, and punitive damages in some instances
An important point to understand about childcare liability is that such cases may involve multiple defendants. Most daycares are owned as part of a business structure and are sometimes part of a larger conglomerate. This means that liability may extend to childcare workers and supervisors, the company which owns the facility, and the owners of the company. Different causes of action may exist in regard to these different entities. It is important to ensure that all parties are properly named or else it may be more difficult to obtain the compensation which the child and their family deserves.
The foregoing concepts are best explained by example. Sam and Sally have a three-year-old son whom they place in an Illinois daycare while they are at their respective jobs. While running through the play area, their son hits his head on a metal fixture on which the protective rubber covering had worn away. The son suffers serious head trauma and will require several surgeries. The evidence shows that a) the employees were aware of the condition and never reported it to their supervisor and b) that the employees had previously been fired from a daycare for negligent conduct. Moreover, the supervisor never inspected the play area and there were no regular inspections of the facility in general. The daycare is owned by an LLC, which, in turn, is owned by the supervisor’s parents. Under this scenario, the employees and supervisor may be liable for negligence. The LLC, and the owners of the company, may also be liable for negligence as well as for negligent hiring and supervision. The defendants to be named, and the available causes of action in any case, will always depend on the specifics of the situation, however.
Contact a Peoria childcare neglect lawyer if your son or daughter was injured
If your son or daughter has been injured then it is important that you speak with a childcare neglect lawyer as soon as possible. It is crucial that steps be taken to preserve all available evidence and that all possible defendants be identified. These types of cases can be difficult to prove and taking immediate action helps to protect the rights of the children and their families. As a Peoria personal injury attorney, I am able to assist with such matters. My firm is devoted to protecting the rights of the injured and I believe in standing up for individuals as opposed to companies. We pride ourselves on providing quality service and we look forward to speaking with you.
My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
