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Noland Law Firm, LLC Legal Blog

Wednesday, November 21, 2018

Can I still sue a daycare for negligence if I signed a waiver?

Kansas City daycare negligence attorneys are the ones to call if you know or suspect a child has been injured or abused in a daycare setting.

Serious injuries that might require ongoing physical and/or psychological medical care can happen in a daycare setting due to lax supervision, poor judgment, careless errors, and even intentional abuse by the staff.

In a personal injury lawsuit, someone who is harmed by the negligent, reckless, or intentional actions or inactions of another person or entity may be able to recover compensatory damages. But in order to do so, the victim has the burden of first proving the other party is liable for their injuries.

Damages differ on a case-by-case basis but generally, if liability is established, the victim may be entitled to current and future medical expenses, current and future lost income or diminished earning capacity, physical or psychological pain, and more.

Common injuries that lead to daycare negligence lawsuits may include:

  • physical abuse
  • choking on toys or food
  • injuries or elopement from negligent supervision
  • playground equipment hazards
  • substandard premises maintenance
  • vehicle accidents in day care-owned vehicles during trips

Of course, there are less common scenarios that may arise.

Recently, a viral social media video of a so-called daycare “fight club” shows a four-year-old Missouri boy reportedly being beaten by another boy as two teachers “egged-on the fights” and allegedly provided the “Hulk hands” boxing gloves to the boys. One boy allegedly wrestled the victim to the ground and repeatedly pummeled him, according to video footage. The alleged victim’s older brother reportedly videotaped the incident from an adjacent room of the daycare center and forwarded it to their mother. The teachers allegedly involved claimed it was a “stress release exercise” and they were reportedly fired, but not criminally-charged.

Daycare centers generally do insist that parents sign waivers of liability that include language letting the center off even for injuries caused by negligence. But while state laws differ, courts don’t necessarily allow centers to hide behind those waivers and often still allow parents to pursue legal action to recover damages when their child is hurt as a result of alleged negligence or intentional abuse while in the day care center’s care.

If you believe your child has been a victim of daycare negligence, the personal injury attorneys at the Noland Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in Liberty, Missouri, we represent clients in throughout Missouri, including Clay, Platte, Ray, Jackson, Cass and Buchanan counties.


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