For most parents, daycare is not just an option, it is a necessity. When you must go back to work after your child is born, and you cannot afford a nanny or in-home childcare, you choose a daycare center and trust that they will take care of your child. Older children may need part-time care after school in a safe location, and you want daycare to be that safe space.
Nothing is more heart-wrenching than learning your child was hurt at the safe place you left them to be cared for. Each year, hundreds of children are injured or worse in daycare facilities leaving parents and families devastated. Even if the daycare center had insurance, it can mean frightening medical visits, and a loss of trust for you, your child, and your family.
If your child has been injured while at a daycare facility, and you need legal advice, come see a compassionate daycare injury attorney at Tyroler Leonard Injury Law. We know the heartache you are going through, and we want to see you get the compensation and justice you deserve. When you need a St. Paul daycare injury lawyer, you need the legal team at Tyroler Leonard Injury Law.
Why Choose Us
Daycare injury cases are especially painful because they involve children. Our children are the most vulnerable members of society, and we want them to have the best care. At Tyroler Leonard Injury Law, we know this is a difficult time, and we will do our best to help you through it.
Attorney Isaac Tyroler is an experienced litigator who has spent his career advocating for clients injured by other people’s negligence. He has been practicing law in Minneapolis/St. Paul since 2011 and was named a Super Lawyer Rising Star for his work in personal injury law. With two children of his own, he understands the need for accountability in the daycare field.
Rachel Sperling Leonard is a passionate personal injury attorney who is licensed in Minnesota and Wisconsin. Her zealous advocacy has earned her accolades from her clients, and six-figure settlements from judges and insurance companies. She wants to see all her clients succeed at the negotiating table and in the courtroom.
The legal team at Tyroler Leonard Injury Law is here for you 24/7 when you need a daycare accident attorney. Call us at 651-259-1113 for a free and confidential consultation about your case.
How We Can Help
There are approximately 9600 licensed daycare providers and childcare facilities in Minnesota. The State of Minnesota Department of Human Services (DHS) is responsible for investigating and licensing individuals who wish to provide childcare services, and ensuring that they comply with state and federal requirements.
These requirements include how many children may be in the facility, how many staff members are needed for the number of children, regulations for toys and playground equipment, and provisions for naps and snacks. Parents have the right to review a provider’s license and operating documents and must have free access to their children at any time.
Minnesota does not require daycare providers to carry liability insurance. However, if the facility does not have insurance, the provider must inform the parents, in writing, that they do not have insurance and notify them immediately of any change in status. Most reputable licensed facilities will carry some kind of liability insurance in the event a child is injured while they are on the property.
Proving Responsibility for Daycare Injuries
Your daycare injury lawyer needs to prove that your child’s injury was due to the negligence or carelessness of the daycare provider.
Children are active and get bumps and scrapes in the course of their day. This is expected, and no daycare operator is expected to be responsible for keeping your child bruise-free every single day. Proving negligence involves showing that the daycare center legally breached its duty to provide a safe environment.
- Duty means that the daycare had a responsibility to prevent all reasonably foreseeable harm and advise parents about any potential risks. For instance, the daycare must ensure that there are enough staff members at the facility, that there are no loose items that small children could choke on, and that the play equipment is safe and secure.
- Breach means that they failed in this duty. If there are not enough people to supervise outdoor playtimes, or if there are small toys that infants can swallow, there has been a breach of the duty of care.
- The breach must be the direct cause of the injury or harm. If a child runs away during playtime and gets hurt running into the street, then the lack of supervision is the cause of the injury. However, if a child is injured playing in the yard simply because children sometimes fall, there may not be direct causation.
- There must have been an injury. Parents do not have a cause of action if their child has not been injured, even if there is a serious breach. There may be other remedies such as restitution or return of their money, but you may only claim negligence if there has been harm to someone.
Proving that all this applies in your case requires careful documentation of your child’s injury and activities. Your daycare injury attorney will guide you through the steps you need to take to ensure you have all the information you need to file an insurance claim and successfully bring your case. Contact us right away for the guidance you need.
Types of Daycare Injuries and Abuse
Any parent knows that children can find ways to hurt themselves in an empty room. It can be difficult to know if a child’s injury was due to something that happened at daycare or something that happened at home. Daycare facilities are supposed to notify parents immediately if a child is injured, but not all injuries are spotted immediately. Some things parents should look for with their children include:
- Cuts, scrapes, and bruises in unusual places. Kids get scrapes on their knees, elbows, and foreheads. Any other places should be examined carefully, and the provider questioned how that injury happened.
- Concussions should be taken seriously. When a child “bumps their head” they may seem fine, but closed-head trauma is now recognized as a subtle and serious issue. A doctor should evaluate any report of head injury.
- Broken bones from falls should not occur at a licensed facility since there should not be anything there high enough to break bones. Any such injury should be cause for both alarm and a report to the state.
A doctor should see any injury which seems out of the ordinary to a parent. You have the right to ask how your child was injured, and to have your attorney seek additional answers if the explanation does not seem quite right.
Abuse and Neglect
We never want to think that our daycare provider is abusing our children, but sadly, it happens. Abuse may take the form of overt abuse, such as beating, striking, or even sexual abuse. It may be more subtle, such as failing to feed children, leaving them in wet diapers all day, or locking them in an empty room. Parents should look for signs of neglect and abuse in their children and report them immediately.
- Persistent diaper rash, the smell of urine or feces, or the child being returned with unused diapers.
- Unusual behaviors in your child, such as fear of going to childcare or being left alone, or anger, hitting siblings or pets, or hiding after returning home.
- Expressing dislike for a certain caregiver, or offhand comments like “Miss Daisy is mean to us.”
- Sexual behaviors or acting out.
If your child displays any of these signs and you suspect abuse or neglect, you should seek medical care for your child immediately, and then contact a childcare injury attorney at Tyroler Leonard Injury Law. We will let you know the best way to proceed for your children and for you. Call us at 651-259-1113 for a free and confidential consultation about your case.
What to Do After a Daycare Injury
If you believe your child has been injured while in daycare, you may be angry and afraid for your child. However, you need to take a deep breath for your child’s sake and do some things to ensure that your child’s injuries can be adequately compensated.
- Seek medical attention. Even if the injuries seem minor or you are not sure if they were caused at the daycare facility, have a medical professional examine your child. Most insurance companies will not begin their own claim process without a medical report.
- Gather as much information as possible about the accident scene. If you were called to the daycare center, try to get pictures of the location, such as any toys or play equipment that was in use. Get a copy of any incident report that staff members may have written. If anyone witnessed the accident, get their name and contact information.
- Keep all medical records and bills if you must pay anything out of pocket.
- Contact a daycare accident lawyer right away. If you suspect any type of abuse or neglect, it may be necessary to contact law enforcement.
As a parent, you have the right to sue on behalf of your child for any injury or harm done to them. When you come to Tyroler Leonard Injury Law, we will help you get compensation for your child’s injuries and do the challenging work of investigation and discovery so you can devote your time to caring for your child.
Frequently Asked Questions
Before you see us for your consultation, you may have other questions. We are here with answers.
May I sue on behalf of my stepchild?
Is there a statute of limitations for childcare injury cases?
This is important, because some injuries and illnesses may not appear for some time after the actual incident itself. For instance, a head injury resulting in a concussion may not become a serious issue for some time, yet still be related to the head injury. The extended statute of limitations makes it possible for parents to act on their children’s behalf even after several years have passed.
If you believe your child has been injured at their daycare facility, you want answers. You need the skilled and compassionate attorneys at Tyroler Leonard Injury Law to give you those answers. Our legal team is here to listen to your case and help you file your insurance claim and if necessary, take other action against the daycare provider. We want you and your child to receive the compensation and justice you need.
Anything involving children brings up serious emotions in all of us, but our team will use that emotion to advocate for you and your family with the insurance companies and the courts so you can focus on your child’s well-being. We want to see you and your child return to enjoying life.
Call us at 651-259-1113 or fill out our intake form to make an appointment for a free, confidential consultation with our team. Hablamos Español. We are here for you 24/7, so do not wait. Call us today.
”Isaac is a great person, he makes sure you get what you deserve, he is straight forward, open to every details and very honest. I will highly recommend him, he get your case settled on time.” – Valerie Ketoh (Google Review)