When a parent first enrolls their child in a daycare they may be presented with a stack of forms that details what services the facility will provide as well any financial information that is important. One form that often gives parents reason for concern is known as an injury waiver, and this document states that parents won’t hold the daycare responsible if their child is injured. While these waivers may seem intimidating, there are some important facts that parents need to know about them.
Are They Enforceable?
The primary question that parents ask after signing an injury waiver is whether or not this document takes away their right to file a lawsuit in the event that their child is injured. The answer to this is no, because there is no legal document that can exclusively take away a parent’s right to sue those who were the cause of their child’s injury.
Even if parents choose to not take action regarding an injury, the child may still be able to do this once he turns either 18 or 21. This is possible because children are not able to file lawsuits under the age of 18, and the courts recognize that children should not be forced to suffer from an injury simply because their parents failed to take action.
When to File a Lawsuit
Parents who are considering filing a lawsuit against a daycare should do so when they can prove that the daycare was in some way negligent. Some example of negligence include:
- Not maintaining a sanitary environment
- Not ensuring toys or playground equipment are properly maintained and safe
- Failing to adequately supervise children resulting in them being injured
These are only a few examples, and any injury that occurs due to some failing on the part of the daycare is considered to be negligence.
Dealing with Defendants
Once a lawsuit has been filed, parents should limit their contact with individuals and organizations that work on behalf of the daycare. This is of importance because the insurance provider for the daycare may try to convince the parents that their signing of the injury waiver makes the lawsuit invalid, but this is not the case.
The only ally that parents can depend on during this time is their attorney since these legal professional will be working in the parent’s and child’s best interest to ensure they receive the compensation they deserve for their injuries.
Schedule a Free Legal Consultation Session
Daycare injuries are serious and parents of injured children should consider hiring an attorney. The first step is to speak to your attorney during a consultation session to see if you should go to court. Schedule your free case review today by calling 713-222-1222.
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