816.781.5055
Serving the Kansas City Area |
The Experience You Need. The Attention You Deserve.

Kansas City Daycare Negligence Attorney

Serving Victims of Daycare Negligence and Their Families 

Each day, parents leave their children with daycare centers in Missouri before heading off to work and place their trust in owners and employees to provide proper care and protect the children from harm. When daycare centers and employees fall short of their responsibilities, make careless mistakes, or engage in intentional abuse, children can sustain serious injuries that require ongoing medical care.

Noland Law Firm has extensive experience handling child injury cases that arise from daycare negligence. We believe that children should not be forced to suffer needlessly and dedicate ourselves to holding negligent daycare owners, operators, managers, and employees accountable. If your child has been injured in a daycare facility, we will fight to help you obtain just compensation.

Child Care Licensing Requirements in Missouri

It is important to note that many child care programs are required by law to be licensed by the Missouri Department of Health and Senior Services, Section for Child Care Regulation. These  facilities are subject to regular fire, sanitation, and health inspections and are also examined annually by the child care division. 

Moreover, daycare owners and employees are required to undergo background screening as part of the licensing requirement, including a Missouri state criminal background check, and reviews of child abuse/neglect records and sexual offender information. 

Child care facilities must also be adequately staffed. In particular, they must have the requisite staff to children ratios, based on the size of the facility and the age of the children. Different ratios apply to Licensed Child Care Centers - those with more than 20 children, and Large Family Child Care facilities with 11 to 20 children.

Additionally, there is a small license program in the state for family child care at home. This program allows for care of up to ten children, who are not related to the child care business owner, in the provider’s home. Finally, there are licensing exemptions for home child care of no more than four unrelated children.

Causes of Daycare Injuries

Because a daycare center specializes in the care of children, it is reasonable for parents to expect that a facility is being run by capable, well-trained and caring individuals. While most daycare centers provide safe environments for children, accidents and injuries can occur at some facilities. There are a number of causes of child injuries at daycare facilities, including:

  • Abuse – Daycare facility workers may physically abuse children, leading to serious injuries and long lasting emotional harm
  • Choking Hazards – Children are at a significant risk of choking on defective or dangerous toys, or candy and food
  • Negligent Supervision – Children that are not properly supervised may fall down stairs, wander away from the facility or be injured by dangerous items
  • Playground Equipment – Defective or poorly maintained playground equipment at daycare facilities is a significant hazard to children
  • Premises Maintenance – Failure to properly maintain or “childproof” a daycare center  may lead to accidents and injuries
  • Vehicle Accidents – Children that are transported in daycare-owned vehicles from the facility to school or on field trips can be seriously injured in collisions

 

What is daycare negligence?

In order for a parent to pursue a claim on behalf of a child against a daycare center, it is necessary to demonstrate the following elements of daycare negligence:

  • The daycare center had a duty of care to protect the child from undue harm
  • The daycare center breached its duty - negligent actions, abuse and failure to supervise are evidence of breaches
  • The breach was the direct cause of the child’s injuries
  • The injury must have been foreseeable by daycare management or staff
  • Evidence of the nature and value of the child’s damages, such as medical care records and expert witness testimony

At Noland Law Firm, our experienced child injury attorneys have the legal knowledge and skills that are essential for pursuing successful claims against negligent daycare centers. We have a well earned reputation for vigorously fighting for the rights of injured children and their parents.

Are daycare release forms valid?

Daycare centers typically require parents to sign releases or waivers of liability that contain language providing for emergency medical treatment of the child as well as the release of liability in the event that the child is hurt. 
Generally, daycare centers and employees are granted the right to authorize emergency medical care for an injured child when the parent is not immediately available. This is because the child’s best interest is a priority, and waiting to receive a parent’s consent to call an ambulance or take a child to an emergency room can be harmful to the child. The courts deem these releases to be valid because delaying medical care is not in the child’s best interest. 
On the other hand, a release from a liability for a child’s injuries and related damages does not bar a parent from suing a daycare center when a child is hurt while in the facility’s care. The courts have found that it is inappropriate for a parent to forfeit a child’s right to compensation before an injury occurs. In other words, children have an independent right to sue negligent daycare centers and a waiver of liability for daycare injuries will not withstand judicial scrutiny.

Experienced Daycare Negligence Attorneys

Getting a call from a daycare center that a child has been injured is a nightmare for a parent. The burden can be even harder to bear when the injury was caused by the negligence of the facility or staff members. At the Noland Law Firm, we are here to lift that burden. 

We are keenly aware that children are especially vulnerable and an injury can be harmful for the entire family. These injuries often require ongoing medical care that lead to mounting expenses. If your child has been injured in a daycare center, we will work tirelessly to help your child obtain meaningful compensation. It is important to note that child abuse is a criminal offense that can lead to significant penalties including imprisonment, fines, and the suspension or revocation of a daycare license. In these cases, it may also be possible to recover punitive damages. 

Our legal team is dedicated to protecting the rights of children and holding negligent daycare center owners and employees accountable. Call our office today for a free consultation or complete the contact form on our website.

Noland Law Firm represents clients in Clay, Platte, Ray, Jackson, Cass and Buchanan Counties and the cities of Gladstone, Liberty, Kearney, Smithville, Kansas City, North Kansas City, Excelsior Springs, Independence, Lee's Summit, Blue Springs, St. Joseph, and Platte City.

 




© 2018 Noland Law Firm LLC | Disclaimer
34 Westwoods Drive, Liberty, MO 64068
| Phone: 816.781.5055

Resources | Results | Practice Areas | Attorneys | Other Areas

FacebookTwitter

Attorney Website Design by
Amicus Creative