Daycare Injuries

October 22, 2017

Seeking Damages for Daycare Injuries in Massachusetts

The U.S. Census Bureau reports that as American families increasingly rely on dual incomes, childcare outside the home is the norm. In a typical week, 61 percent of children under 5 were in some type of regular child care arrangement, whether with a relative or in a daycare center.

We trust these individuals and facilities to provide the very best care for our children. At the very least, we expect them to keep our children safe. In fact, by taking on a supervisory role, they have a legal duty to use reasonable care in shielding children from foreseeable harm.

Unfortunately, this is not always, and Boston day care injuries are far too common.

This is not to say that all accidents are the result of someone’s negligence, as children are after all children, and some accidents cannot be prevented. However, children cannot, by virtue of their age and inexperience, be expected to foresee all possible dangers. It is negligence if a foreseeable danger existed and the daycare worker or caregiver failed to take action to mitigate that risk. And of course, child abuse at a daycare center is not only criminal, it is a legal breach of duty of care, and may be actionable in civil court. Continue reading

October 22, 2017

Failure to Respond Appropriately to Boston Daycare Injuries

by Jeffrey S. Glassman

There are many ways a child can get injured at even the most well staffed daycare facility in Boston. Even with proper supervision and the best safety protection, children tend to run and trip and that can result in a serious personal injury. While your child can fall and become injured without any negligence whatsoever, the daycare employees are sometimes very careless in what they do after the accident and it is often this response, or lack thereof, that can lead to aggravation of the injury, and that is where negligence comes into play.

Daycare Workers Responsibilities in Boston Child Injury Cases

Under the law in Massachusetts, the daycare workers have a duty of due care to prevent foreseeable harm to foreseeable plaintiffs, and in the case of daycare injuries, we are talking about the children enrolled in the program. This includes acting as reasonable and prudent daycare provider in preventing injury to the children, but in responding properly if a child is injured. Continue reading

August 14, 2017

Boston Daycare Injuries – Standards of Proof

by Jeffrey S. Glassman

If a child suffers abuse or neglect at a daycare facility, there is a high likelihood police will be called. This could be because the parents called the police, but the manager at a daycare center is also a mandated reporter and must contact the police. The Massachusetts Department of Children and Families (DCF) typically gets involved, and it may result in charges being filed against the daycare staff member or manager/owner responsible for the alleged child abuse and neglect.

However, charges may not be filed right away. The police and DCF may first wish to conduct and investigation. This can include interviewing witnesses, reviewing camera footage at the daycare, examining medical records pertaining to the child, as well as speaking with parents and the child if the child is old enough to communicate. Continue reading