Every parent wants their child to feel safe and loved, especially when they’re not around. Daycare can be a wonderful option for many families, providing a nurturing environment where children can learn and grow. But what happens when that trust is broken, and negligence leads to your child getting hurt? The emotional toll can be immense, leaving you feeling angry, helpless, and worried about your child’s well-being.

At Evans Moore, LLC, we understand. Our Georgetown daycare negligence lawyers are here to help you navigate this difficult time and fight for the justice your child deserves. Schedule a free consultation today at (843) 995-5000 to discuss your case.

Daycare Negligence: By the Numbers

Millions of parents across the country rely on daycare centers to provide quality care for their children. Unfortunately, daycare negligence is more common than you might think, but the full scope of daycare injuries is shockingly underreported. According to Child Care Aware, the study “Fatalities and the Organization of Child Care in the United States, 1985-2003” by Wrigley & Dreby (2005) is the most recent comprehensive study on this topic, despite being more than two decades old.

Key findings from the study include:

From 1985 to 2003, the study identified 1,362 child fatalities in childcare settings.
The majority of these fatalities (1,030) occurred in “home-based care,” which includes family childcare and in-home care.
The study excluded deaths in irregular care arrangements (98 deaths) and deaths attributed to SIDS (289 deaths).
The reported number of child fatalities is likely an underestimation, as the true number of unreported or undisclosed child fatalities remains unknown.

The current state of reporting requirements:

In 2014, Congress reauthorized the Child Care and Development Block Grant and provided new reporting requirements regarding children’s injuries and fatalities while in care.
In February 2024, more than 12 states are failing to fulfill reporting requirements.
Eight states are out of compliance with the reporting and background check regulations.
Another eight states are missing data or have outdated information online.

The lack of consistent reporting and the absence of a more recent comprehensive study make it challenging to assess the current scope of child fatalities in childcare settings. The available data suggests that child fatalities do occur in these settings and that the true number of fatalities may be higher than reported due to variations in state reporting requirements and potential underreporting.

Signs of Daycare Negligence

Daycare negligence can manifest in various ways, and it’s essential to be aware of the red flags. Here are some common signs to watch out for:

Inadequate Supervision: A high staff-to-child ratio is crucial for proper supervision. Look for signs of children being left unattended or with limited supervision, which can increase the risk of accidents and injuries.
Improper Hygiene Practices: Cleanliness is paramount in a daycare setting to prevent the spread of germs and illnesses. Signs of poor hygiene include dirty facilities, staff not washing hands frequently, or inadequate diaper-changing procedures.
Failure to Follow Safety Protocols: Daycares should have established safety protocols for various activities, from nap time to outdoor play. Look for unsecured playgrounds, lack of age-appropriate toys, or improper use of safety equipment as potential red flags.
Medication Errors: If your child requires medication during daycare, ensure the staff is adequately trained and has written instructions for administration. Mixing up medications or improper dosages can have serious consequences.
Lack of Qualified Staff: Qualified staff members with proper training in child development and safety protocols are crucial. Be wary of daycares with a high turnover rate or understaffing.

Types of Daycare Injuries

The effects of daycare negligence can range from physical injuries to emotional trauma. Here are some of the most common types of daycare injuries:

Physical Injuries: Falls from playground equipment, bumps and bruises during playtime, broken bones due to inadequate supervision, and head injuries caused by roughhousing are all possibilities.
Emotional Trauma: Witnessing violence or neglect at daycare can cause emotional distress in children, leading to anxiety, fear of separation, withdrawal from social interaction, and trouble sleeping.
Exposure to Illnesses: Improper hygiene practices or inadequate cleaning procedures can spread contagious illnesses among children at daycare. This can include colds, flu, stomach viruses, and even more severe infections.
Allergic Reactions: Daycares must be vigilant about following children’s dietary restrictions and allergies. Improper food handling or a lack of communication regarding allergies can lead to severe allergic reactions in children.
Neglect Injuries: In the most concerning cases, neglect by daycare staff can lead to dehydration, malnutrition, or even heatstroke if children are left unattended for extended periods.

These injuries can not only cause immediate harm but also have long-term consequences for a child’s physical and emotional well-being. If your child has suffered an injury due to daycare negligence, it’s crucial to seek medical attention and legal counsel to protect your child’s rights.

Taking Action After a Daycare Injury

If you suspect daycare negligence injured your child, it’s essential to take immediate action to protect their well-being and your legal rights. Here are the crucial steps to follow:

Seek Medical Attention: Your child’s health is the top priority. Take them to the doctor or emergency room immediately for a thorough evaluation and treatment of any injuries. Ensure that you get a detailed medical report documenting the extent of the injuries and any necessary follow-up care.
Document the Incident: While your child’s health is paramount, gathering evidence of the incident is also important. Here’s what you can do:
Take Photos: If there are any visible injuries like bruises, cuts, or scrapes, take clear pictures of them as soon as possible. Photograph any unsafe conditions at the daycare that might have contributed to the injury, such as broken playground equipment or unsanitary facilities.
Record Details: Write down everything you remember about the incident as soon as possible. Include the date, time, location, and a detailed description of what happened. Get the contact information for any witnesses present.
Keep Records: Collect and keep copies of any relevant documents, such as medical bills, daycare receipts, accident reports filed with the daycare, and any communication you have had with the daycare director or staff.
Report the Incident: It’s crucial to report the incident to the daycare director in writing. Document the date of the report and keep a copy for your records. Consider filing a report with the South Carolina Department of Social Services (SC DSS). The SC DSS is responsible for licensing and regulating childcare facilities in the state. You can find information on how to file a complaint on the SC DSS website by clicking the link above.
Contact a Daycare Negligence Lawyer: An experienced South Carolina daycare negligence lawyer can advise you on your legal rights and options. Your lawyer can help you through the legal process, investigate the incident further, build a strong case, and fight for the justice your child deserves.

Why Choose Evans Moore, LLC?

When your child has been injured due to daycare negligence, you need a legal team with experience and compassion. When you contact Evans Moore, LLC, you can rest easier knowing that you’ll get:

Experienced Daycare Negligence Attorneys: Our lawyers have a proven track record of handling daycare negligence cases and understand the complexities of these situations.
Compassionate Representation: We understand your immense stress and emotional strain. Our team will provide you with support and guidance throughout the legal process.
Thorough Investigation: We will meticulously investigate the circumstances of your child’s injury, gather evidence, and build a strong case on your behalf.
Fighting for Maximum Compensation: Our goal is to recover the maximum compensation you deserve to cover medical expenses, lost wages, and other harm caused by your child’s injury.
Free Consultation: We offer a free consultation to discuss your case and answer your questions. There’s no obligation to pursue legal action after the consultation.

Contact Evans Moore, LLC Today

Don’t hesitate to seek help if daycare negligence harmed your child. The experienced Georgetown daycare negligence attorneys at Evans Moore, LLC understand the complexities of these cases and are dedicated to protecting your child’s rights. Contact us today at (843) 995-5000, by chatting with us live, or filling out a contact form.