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Noland Law Firm, LLC Legal Blog

Monday, January 28, 2019

Severed Finger at Daycare Center Sparks Negligence Suit

What duty of care does a daycare center owe to the children it supervises?

Kansas City daycare negligence attorneys often help upset and grieving parents whose children have been injured or killed while in the custody of daycare centers.

Sometimes, guilt-ridden parents wish they had investigated the facility for any records of violations prior to having placed their child in the care of those who may have a history of shoddy caregiving. Of course, a clean record doesn’t guarantee a superior standard of care in the future, especially since staff changes without proper background screening may also result in negligent or reckless injuries. Parents often go public after their own tragedy in an effort to spare others the same pain.

Daycare negligence lawsuits fall within the umbrella of personal injury law which holds that when a person or entity causes harm to a person through their negligent, reckless, or intentional actions or inactions, the victim is entitled to compensation for their injuries. Depending on their individual cases and their states’ law, and assuming they can establish liability, victims may recover for damages like current and future medical expense and/or lost income, as well as their physical and psychological pain and suffering, and more.

The elements of a daycare negligence lawsuit in Missouri include proving the daycare center had a duty of care to protect the child from undue harm and that they breached that duty. In addition, the child’s injuries must have been foreseeable by the management or staff and directly caused by that breach of duty.

There are many examples of injuries that happen at daycare facilities including:

  • abuse
  • choking hazards (food/small toys)
  • negligent supervision
  • playground equipment (accidents or defects)
  • premises maintenance
  • vehicle accidents (while on trips in center vehicles)

Recently, a 21-month old toddler was allegedly injured at a daycare center when a door reported closed on and severed the tip of his finger. According to the lawsuit, the boy’s grandparents upon picking him up at the center uncovered his paper towel-wrapped finger and noticed “exposed bone”. They rushed him to the hospital for emergency surgery to reattach the fingertip which was also in paper towel. The boy’s family was reportedly shocked that the center did not call for an ambulance or alert them to the severity of the injury. The daycare center reportedly had “more than 60 violations in 2018” and was suspended for a time after this incident came to light.

If you or a loved one has been injured by someone else’s negligence, the Noland Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our office in Liberty, Missouri, we serve 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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