Has your child been hurt at a daycare? Our experienced Greenville daycare abuse lawyer at Bobby Jones Law explains whether you can sue a daycare for negligence in Greenville, SC. Here’s what parents need to know to win.
Yes, You Can Sue a Daycare for Negligence in South Carolina: Here’s What That Means
There are important factors to understand when suing a daycare for negligence:
- If your child is hurt at a daycare, it may be possible to sue.
- Daycare lawsuits are commonly based on inadequate supervision, dangerous conditions, and improper employee management.
- The child’s family or legal guardian must initiate the claim.
- A claim doesn’t necessarily depend on whether the daycare is cited for rule violations or if criminal charges are brought.
- A lawyer can represent the child.
A child injured at a daycare may be eligible to receive compensation. Liability is determined on a case-by-case basis.
The Four Legal Elements Required To Sue a Daycare for Negligence in SC
Suing a daycare for negligence requires proving the following:
- Duty of care. You must prove that the daycare had a duty to the child. If the child was enrolled in the daycare, this duty exists. You may prove the duty of care through enrollment records or seek admission of this element from the defense.
- Breach of duty. A breach of duty occurs when the daycare fails to provide adequate care. A breach may occur when the daycare does something unreasonable or fails to do what’s reasonable.
- Causation. Causation means that the day care’s negligence caused the child to get hurt.
- Damages. Damages are losses, such as medical bills, personal expenses, disability, and pain and suffering, that should be compensated.
To succeed in suing a daycare for negligence, you must prove all four elements.
Who Can Be Held Liable in a Greenville Daycare Negligence Lawsuit?
Parties that can be liable in a Greenville daycare negligence lawsuit are:
- The daycare
- Individual workers
- Management companies or contractors
- Companies that manufacture toys, furniture, and other products
- Landlord who oversees the property
The most common liable party is the daycare through their liability insurance. But it’s important to consider all potential liabilities and sources of compensation.
Can You Still Sue a Daycare if You Signed a Liability Waiver in South Carolina?
Yes. There are several reasons the waiver may not apply. A lawyer can evaluate your options.
What Damages Can Your Family Recover in a Daycare Negligence Lawsuit in SC?
Damages a family can recover in a daycare negligence lawsuit in SC may include:
- Emergency medical. Expenses for immediate medical care, including the ambulance, emergency room, urgent care, and hospital.
- Treatment. Costs for diagnosing injuries and treating the child. Common examples are diagnostic scans, surgery, medication, medical supplies, and professional care.
- Direct expenses. Out-of-pocket medical expenses, medical supplies, transportation, and personal care.
- Therapy. Physical therapy to help the child recover and maximize independence.
- Pain and suffering. Reflecting the physical suffering and emotional anguish the child endures.
- Impairment. Permanent disfigurement and impairment from injuries.
- Enjoyment of life. Loss of social activities and community because of injuries.
- Future damages. Losses that are likely to occur in the future, including financial expenses and pain and suffering.
- Punitive damages. There are separate legal standards for punitive damages. They apply in cases where the daycare’s actions were especially offensive.
Damages are evaluated individually, based on the severity of harm.
Note: Most daycare lawsuits resulting in compensation for a child must be approved by the court and managed by a conservator.
How Does South Carolina’s Statute of Limitations Apply to Daycare Negligence Cases?
South Carolina has a statute of limitations for personal injury. While it’s usually three years, children have more time to file. For adults, the three-year time limit starts on the day they get hurt. But children have until age 19 or three years from the injury, whichever is later. For sexual abuse cases, the child has until age 27 or three years after discovery of harm.
While this extra time may seem like a relief, it’s important not to delay contacting an attorney. They can document evidence. They can talk to witnesses while they remember key details. An attorney can preserve your child’s rights.
What Makes a Daycare Negligence Case Stronger in Greenville, SC?
Here are some things that will make a daycare negligence case stronger in Greenville, SC:
- Timely medical care
- Detailed medical care
- Experts who can explain the child’s prognosis
- Saving clothing the child was wearing, toys, and other objects involved
- Photos and video of the injury scene
- Witness statements
- Records of other incidents or problems at the daycare
- Previous citations or regulatory violations
- Journaling the child’s recovery and behavior
- Emails, text messages, logs, or other relevant communications from the daycare
A lawyer can build your child’s claim.
Do You Have a Daycare Negligence Case? A Checklist for Greenville Parents
If you’re considering whether you can sue a daycare for negligence, here’s a checklist that may help:
- A child attended daycare.
- The child got hurt.
- The injury occurred at the daycare or because of something that happened at the daycare.
- The daycare could have prevented the injury.
- Medical attention was necessary.
Of course, when an injury first occurs, you may not know why it occurred. The daycare probably won’t volunteer information about what it did wrong. You may have to investigate. A lawyer can help you determine if negligence occurred.
Why Choosing the Right Greenville Attorney Is the Most Important Decision in Your Daycare Case
The right Greenville attorney can seek justice for your child and pursue the compensation they deserve. Throughout the process, they give legal advice, answer your questions, and give you confidence. When your child can’t speak for themselves, your attorney is their advocate and representative in the claim for compensation.
Talk to a Lawyer
If your child has been hurt at a daycare, you need to know if you can sue for negligence in Greenville. Call or message Bobby Jones Law.
