Did you know that physical injuries are the leading cause of death for children under 19, with higher rates for children under the age of 1? For a parent, whose number one priority is to keep their children safe and healthy, that can be a startling statistic.
Because most parents cannot be with their children every minute of the day, they often entrust the care of their children to others including daycare facilities, camps, and preschools. Unfortunately, when serious injuries to children occur, it is often when they are under the care of someone other than their parent.
When enrolling a child in school, daycare, or camp, one of the documents a parent is typically asked to sign is a liability waiver. By signing a liability waiver, the parent is waiving their right to sue for any injuries sustained by their child while under the care of the school, daycare or camp program. As a parent, you will want to carefully read any waiver, ask questions, and request to modify it if it appears overly broad. It is important to remember that even with a signed waiver, those caring for your child still have a duty of due care, and you still retain the right under certain circumstances to hold these programs liable for injuries to your child.
There is perhaps nothing so distressing as entrusting the care of your child to another and having to deal with a significant injury that impacts the child’s quality of life and yours. With any injury, seeking prompt medical attention should be your first course of action. Inform the doctor of the circumstances, and take photos or video for your records. Pursuing available legal avenues to hold those responsible accountable can help with unanticipated expense, time, as well as pain and suffering. We, at Thomas & Wickenheiser, LLC, are committed to providing knowledgeable counsel and support to help you successfully navigate the legal process of seeking accountability and just compensation for you and your child.