Most Americans today put their children in daycare centers. While most daycare centers ensure that children remain safe and secure, injuries do happen that range from moderate to severe. There is nothing more devastating news for parents than to know that their child has been injured.
The post will inform about the laws related to daycare centers in California. After reading this post, you will know how you can sue the guilty party in the event your child sustains an injury at the facility.
California Laws Related to Day Care Facilities
The laws relating to daycare institution are contained in the California Code of Regulations Title 22. The laws contain many rules regarding the facilities that must be complied with by the owners and staff of the facility, some of which include:
- The ratio of children to the staff at a daycare facility in the state should not be more than 1:12 or 1 supervisor for every 12 children between the ages of 3 to 4 years.
- The ratio should be 1:4 for children aged between one and a half month to one and a half year, and 1:6 for children between the ages of one and a half year and 3 years.
- Daycare facilities must have emergency phone numbers posted near every phone
- Every day care center must have a stocked and easily available first aid kit
- Children should not have access to dangerous chemicals
- The staff of the day care center should be certified in pediatric first aid.
Although many daycare institutions force parents to sign child care contracts with indemnification clauses, these generally don’t hold up in the court in case a child is injured seriously. If a child gets injured due to the negligence of the daycare facility staff, you can sue the firm for injuries sustained by the child while in care.
Injuries sustained by a child while at the daycare center should be foreseeable otherwise the facility won’t be responsible for the injury.
Steps to Take When a Child Gets Injured In a Day Care Center
To make a successful claim case against a daycare facility, you need to prove in the court that it had the duty of care to the child. Moreover, you have to prove that the staff acted negligently that resulted in harm to the child. Lastly, you have to explain the extent of the financial and non-economic psychological losses that occurred due to the injury.
Make sure the child receives immediate medical help after an injury. You should also inform the pediatrician or other doctor tending to the child that the injury occurred at the daycare center.
Lastly, you should consult an experienced personal injury attorney to sue the daycare facility for negligence resulting in the child’s injury. This will increase the chances of a successful outcome of a personal injury case.
