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Noland Law Firm, LLC Legal Blog

Tuesday, May 29, 2018

Meth Contamination Concerns at Daycare Center

Q: What is daycare negligence?

Plenty of people fantasize about finding a place to hide on a difficult workday. But one day care worker allegedly turned that common day dream into a frightening reality.

Most daycare negligence lawsuits that make the news involve workers physically abusing the children in their care in ways that leave visible signs of abuse, like bruising or bleeding. But in the case at hand, the potential injuries to the children exposed to the alleged danger could be widespread and not noticeable.

The day care worker was arrested for allegedly creating a "personal drug den" in the laundry room cabinet in which she allegedly repeatedly locked herself for breaks of up to 45 minutes at a time with "what appeared to be a drug kit".

The worker’s alleged behavior in the employee bathroom was also being questioned. In there, she allegedly "smoked meth…and exhaled it into the vent fan causing every room in the building to test positive for meth contamination, including the infant room ". As a result of the investigation, parents of all children who attended the daycare center have been encouraged to have their children tested and/or evaluated for exposure to meth.

When someone is harmed by the actions or inactions of another person or entity, the injured person may be entitled to compensation for their physical and psychological injuries through a personal injury lawsuit if they can prove that the person acted negligently, recklessly or intentionally and that their injuries were a result of that behavior.

There are stringent child care licensing requirements in Missouri designed to keep children in day care settings safe and healthy. Centers have a duty to perform proper background checks on prospective employees.

A claim of daycare negligence includes the following elements:

  • a duty of care to protect the child

  • a breach of the duty of care

  • a breach that directly caused the child's injuries

  • an injury that was foreseeable

  • presentable evidence of the nature and value of the child's damages (via their medical records and expert witness testimony).

If your child has been the victim of daycare negligence, the personal injury attorneys at Noland Law Firm can help maximize the compensation to which you may be entitled. While we can't undo the injury, we can fight to relieve the financial burden it may have caused. Contact us today for a free consultation.

From our offices in liberty Missouri, we represent injured people and their families throughout the Kansas City metropolitan area and Western Missouri, including Clay County, Liberty, Blue Springs, Independence, and Gladstone.


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