Finding a trustworthy daycare is one of the most important decisions parents make for their children. Unfortunately, not all facilities meet the necessary standards of care. If your child suffers an injury due to daycare negligence in Ohio, you have the right to pursue legal action. This guide outlines the steps to sue a daycare for negligence, the legal standards in Ohio, and what parents can expect when navigating this process.

What Constitutes Negligence in Ohio Daycares?

Negligence occurs when a daycare fails to meet the standard of care that is expected, resulting in harm to a child. Common examples of negligence in daycare settings include:

• Inadequate supervision: Failing to monitor children appropriately leading to injuries.
• Unsafe premises: Hazards such as broken equipment, exposed electrical outlets, or dangerous playgrounds.
• Abuse or neglect: Physical, emotional, or verbal abuse by staff members.
• Improper training: Staff not trained in first aid, child development, or emergency protocols.
• Violation of licensing standards: Operating without proper licensing or failing to adhere to Ohio daycare regulations.

Understanding Ohio's Daycare Laws

In Ohio, daycares are regulated by the Ohio Department of Job and Family Services (ODJFS). These facilities must meet strict licensing requirements and adhere to safety standards, including staff-to-child ratios, background checks for employees, and safe physical environments. Violations of these standards can strengthen a negligence case.

Ohio law recognizes the duty of care owed by daycares to the children they supervise. When a breach of this duty results in harm, the daycare can be held legally responsible. In legal terms, parents must prove four elements to establish negligence:

• Duty of care: The daycare had a legal obligation to ensure your child's safety.
• Breach of duty: The daycare failed to meet this obligation.
• Causation: The breach directly caused harm to your child.
• Damages: The injury resulted in measurable losses, such as medical bills, pain and suffering, or emotional distress.

Steps to Sue a Daycare for Negligence

If you believe your child has been harmed due to daycare negligence, follow these steps to build a strong case:

1. Document the Incident

Gather as much information as possible about the event. This includes:

• Medical records detailing your child's injuries.
• Photographs of the injury or unsafe conditions.
• Incident reports from the daycare (if available).
• Eyewitness statements from other parents, children, or staff.

2. Report the Incident

File a complaint with the Ohio Department of Job and Family Services. Reporting the incident ensures that regulatory authorities investigate the daycare and address potential violations.

3. Consult an Attorney

Hire a personal injury attorney experienced in daycare negligence cases. An attorney will help evaluate the strength of your case, gather evidence, and navigate legal procedures. Many lawyers offer free consultations, so take advantage of this opportunity to explore your options.

4. File a Lawsuit

Your attorney will file a civil lawsuit against the daycare. In Ohio, you typically have two years from the date of the injury to file a personal injury claim, as per Ohio's statute of limitations; however, the state tolls the timeframe for minor children in most cases, making it possible for them to file a claim up until their 20th birthday.

5. Negotiate or Go to Trial

Many daycare negligence cases are resolved through settlement negotiations. However, if an agreement cannot be reached, your case may proceed to trial. A judge or jury will determine whether the daycare is liable and award compensation if appropriate.

Potential Damages in a Daycare Negligence Lawsuit

Parents can seek various types of compensation depending on the circumstances of the case. These may include:

• Medical expenses: Covers hospital bills, doctor visits, and rehabilitation costs.
• Pain and suffering: Addresses the emotional and physical distress caused to your child.
• Lost wages: Reimbursement for time you missed from work while caring for your child.
• Future medical care: Compensation for ongoing treatments or therapy.

Statistics Highlighting the Importance of Daycare Safety

• According to the National Center for Education Statistics, over 12 million children under five years old are enrolled in daycare nationwide.
• A study by the National Institute of Child Health and Human Development found that 19% of daycare facilities fail to meet basic safety and health standards.
• In Ohio, the ODJFS inspects licensed childcare providers at least twice a year. In 2023, 3,000 violations related to safety and supervision were reported.

These statistics emphasize the importance of vigilance when choosing a daycare and the potential risks of negligent facilities.

Preventing Daycare Negligence

While legal action holds daycares accountable, parents can take proactive steps to ensure their child's safety:

• Research thoroughly: Check the daycare's licensing status and history of violations through the ODJFS database.
• Visit the facility: Observe staff interactions, cleanliness, and safety measures.
• Ask questions: Inquire about staff qualifications, child-to-staff ratios, and emergency procedures.
• Maintain communication: Regularly talk to your child about their experiences and look for signs of neglect or abuse.

Conclusion

Pursuing legal action against a negligent daycare in Ohio can be a challenging but necessary step to protect your child and hold the facility accountable. By understanding the legal process and working with an experienced attorney, parents can seek justice and prevent future incidents. Remember, your child's safety is paramount, and negligent behavior should never go unchecked.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Ohio personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.