Daycare Negligence Lawsuits In Arizona

One of the most difficult parts about being a working parent is finding trustworthy childcare, especially in the younger years. There is so much that can go wrong when someone else is responsible for your child. What could go wrong could be so serious that it requires you to retain an attorney and pursue a personal injury claim or lawsuit against your childcare provider. If your child incurs a serious injury at a daycare, you can either pursue an injury claim on their behalf, or let the child wait until they turn 18 to pursue a claim. There are several factors that should impact your decisions regarding a daycare negligence claim in Arizona. Read on to learn more about them and what else you should keep in mind for this type of claim. To schedule your free consultation with an experienced Arizona injury attorney, call 480-470-1504.

Minor Child as the Claimant or Plaintiff

Personal injury claims proceed differently if the victim seeking compensation is younger than 18 years old. A minor doesn’t have the same legal capacity to make important decisions on their own behalf, such as what to do about an injury claim. Their parent or legal guardian can pursue the claim on their behalf before they reach adulthood. But it’s important to remember that when a child is the plaintiff in an injury claim, different rules apply, particularly surrounding the statute of limitations. A statute of limitations is a time limit that applies to a claimant who is considering filing a lawsuit. The lawsuit must be filed within the applicable statute of limitations, or the court will have no choice but to dismiss the case. Typically, the statute of limitations for personal injury claims in Arizona is 2 years, starting from the date of the accident. But the lawmakers who wrote the statutes of limitations for Arizona were also aware of the unique challenges for a personal injury claimant who hasn’t yet reached adulthood. So for children injured in accidents, the statute of limitations doesn’t begin running until their 18th birthdays. A parent should still be sure to seek medical attention for their child as soon as possible after they are injured in an accident at a daycare in Arizona.

It can be more complex to pursue an injury claim for a child because a child is not done growing yet. This might limit the options their doctor has in treating their injuries. It also makes it harder to discern how much the injuries will change over time and affect their development. But if damages can be estimated with a certain degree of certainty, there are benefits to pursuing a claim on the child’s behalf before they turn 18. You may want your child to be able to focus on education, their career, or even travel and simply enjoy life when they reach their 18th birthday. Pursuing a personal injury claim is stressful and time-consuming, and probably not a responsibility anyone wants when they’re already busy with so much. If you pursue the claim on their behalf during their childhood, there may be funds waiting for them in a trust account to help fund their plans for their future. You may also have an easier time finding doctors willing to work with your child long-term, because if an injury claim is pending, they can accept medical liens.

Daycare Liability Waivers

Most businesses that involve regular attendance will require customers to sign a waiver before they will provide services. For example, gyms and fitness classes, massage therapists, and tanning salons will all typically have their customers sign forms releasing them from liability if an accident occurs. These all protect the business from liability for events outside of their control that happen on their premises- for example, if a customer has a preexisting heart condition and has a heart attack during a yoga class, this would protect the yoga studio from liability for the customer’s medical bills, lost wages, etc. Sometimes, these liability waivers will be printed on the back of the ticket for a one-time event, like a cruise or a baseball game. Entering after receiving a ticket is usually enforceable implied consent to give up the right to pursue a claim for any injuries incurred at the event. Parents should thoroughly review any liability waivers they are asked to sign to make sure they are comfortable with their terms.

Just because a liability waiver has been signed doesn’t necessarily mean that it is enforceable. A liability waiver can protect a daycare from certain types of financial responsibilities, but it will never excuse a daycare from a general standard of care it must maintain. Acts of gross negligence and intentional misconduct can’t be waived in a liability form. It also won’t excuse failure to abide by regulatory standards.

Potential Hazards at Daycares

Daycares can have several types of hazards that are dangerous to children if the premises aren’t properly managed. Some of them are simple building safety, which could cause an accident even for able-bodied adults. When floorboards are loose, electrical wires are exposed, etc., it creates a higher likelihood that an accident will occur when the space is occupied by numerous children. Some of the potential hazards that could be present at daycares include:

Malnutrition and dehydration: If your daycare neglects to give your child adequate food and water while in their care, your child could suffer serious health repercussions. You should document when this happens and raise your concerns when it becomes a common occurrence.
Bullying and abuse: The worst types of daycare injuries are those that were inflicted intentionally. Ask the staff about bruises, welts, and other injuries that might seem out of the ordinary that a child will experience. If they can’t be explained, this could indicate bullying or abuse at the daycare center.
Playground equipment and toys: Playground equipment and toys need to be kept at a certain level of quality and hygiene for them to be safe for children. Broken parts could cause injuries, and failing to sanitize when a child has a contagious condition can cause illnesses.
Furniture: Furniture in a daycare center should be appropriate, given the age of the children served. Certain furniture should also be anchored to the walls to prevent injury.

Arizona Standards for Daycares

There are certain expectations daycares must meet to operate in compliance with Arizona law. Violations of these standards can be reported to the Arizona Department of Health Services Bureau of Childcare Licensing. Arizona law requires that employees of daycare facilities have valid Level 1 Fingerprint Clearance cards. These involve background checks that make sure there is nothing in the applicant’s past that would present a threat to children. Arizona law also has standards about how cleaning supplies should be stored, furniture should be anchored to walls, etc., in daycare centers. When the children the daycare cares for are infants, they should maintain a staff ratio of 1 employee per 5 children. At toddler age, there should be 1 employee per 12 children. These kinds of violations should be reported to the DHS Childcare division.

Learn More About Your Options After Daycare Negligence with Our Arizona Injury Lawyers

Having your child be injured as a result of your daycare provider’s negligence is a parent’s worst nightmare. The ensuing personal injury claim is the only chance you have at seeking justice for your child in the form of compensation. But receiving a favorable settlement could be the silver lining to an unfortunate situation, setting your child up for success in the future.Exploring your legal options is complicated without a specific education and background in personal injury law. And it is more likely that your child’s daycare provider will have insurance and legal representation for any claims you make against them. Give yourself a leg up in your child’s daycare negligence claim by retaining skilled legal counsel from a top rated Arizona law office to handle your case. Contact My AZ Lawyers for your free consultation by phone today by calling 480-470-1504.