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A Michigan daycare injuries lawyer may be able to help if your child suffered an injury while under the supervision of a daycare. Skilled premises liability attorneys from Buckfire Law will perform an investigation into the cause of the injuries, evaluate the extent of those injuries, and make the necessary connections between the failure of the daycare center and your child’s losses.

Parents trust that daycare centers will provide a safe and nurturing environment for their children. In fact, the law requires these facilities to do so. Sadly, daycare injuries are all too common. Whether these incidents are the result of negligence or intentional abuse, an injured child and their parents have the right to demand compensation.

Types of Michigan Daycare Accidents

Most injuries that occur at childcare facilities are the result of accidents. Unfortunately, this does not lessen the seriousness of the injuries, nor does it mean that the daycare facility is not liable.

Every childcare center has a legal obligation to keep their children safe. A failure to properly maintain their property, clean any temporary hazards, or even keep proper locks on doors could all constitute negligence and make the daycare center liable for any resulting harm.  Common types of daycare accidents include:

  • Playground equipment
  • Falls
  • Dangerous items, like scissors and tools
  • Defective toys
  • Burns
  • Physical abuse by workers and other children
  • Emotional abuse
  • Sexual abuse
  • Verbal abuse

A Michigan daycare injuries attorney will help parents prove that a daycare’s negligence was the cause of the harm.

Intentional Abuse from Daycare Workers

Sadly, not every daycare injury is an accident. Many facilities fail to take appropriate caution in properly screening and training their staff. It is no secret that watching children can be challenging, and incidents involving workers becoming physically abusive with children are all too common.  And, verbal abuse by childcare workers is common as well.

Of course, the perpetrators of these abuses are certainly responsible for their actions. However, the daycare itself may share liability. All daycare centers have a duty to properly screen their workers. If they do not take proper steps to ensure that an employee is qualified, this may constitute negligent hiring.  In addition, the failure of the daycare operator and owner to supervise their employees on a regular basis is another reason that abuses occur in the first place and continue for long periods of time.

A childcare injuries lawyer in Michigan will help prove the daycare facility shares responsibility in cases of staff abuse.  Buckfire Law has won large settlements in claims filed against daycare workers, teachers, and the center for lawsuits alleging both negligence and intentional physical and emotional harm to children.

Common Daycare Injuries to Children

The most common injuries that occur to children at daycare centers include:

  • Head injuries and concussions
  • Broken bones
  • Lacerations and cuts requiring stitches
  • Burn injuries
  • Choking
  • Drowning
  • Emotional trauma
  • Verbal abuse
  • Death

In many cases handled by Buckfire Law, the child did not have serious physical injuries but there was serious verbal and physical abuse that resulted emotional problems.  In these cases, parents noted changes in the child’s behavior, temperament, and issues with separation anxiety.  We have won sizable settlements in these cases despite no serious physical harm.

Michigan Child Care Death and Serious Injury Statistics

The State of Michigan tracks child fatality and serious injuries that occur in child care settings.  Between 2019 and 2021, there were 4 deaths of children in daycare settings.  There were 348 injuries involving broken bones,  398 injuries requiring stitches, and 14 burn injuries.  There were 77 other reported serious injuries.

Video Evidence of Worker Physical & Verbal Abuse

Babies and infants are often too young to tell their parents about daycare abuse or how an injury happened. Many times, a parent might even think their child is simply telling a story or exaggerating. However, many care centers have videos on-site to monitor the workers and the children.

Our firm has won several settlements in daycare lawsuits because of these videos. Although the facility may deny physical abuse, verbal abuse or negligence resulted in a child injury, the videos can prove otherwise. We will work hard to get these videos to win your child a settlement.

We have won large settlements on cases where videos show daycare workers verbally abusing young children.  Examples include calling the children “brats,” “stupid,” and even making verbal threats to a child.  This reprehensible verbal abuse can cause severe and permanent emotional damages to a young child and the daycare facility must be held accountable.

How Do I File a Complaint Against a Child Care Home or Center in Michigan?

If your child has injured at a Michigan child care center or daycare facility, you can file a complaint with the Michigan Department of Licensing and Regulatory Affairs (LARA).  The state agency handles complaints against child care homes and centers, as well as facilities operating without a license.  You can call (866)856-0126 to make your complaint or use the online Complaint Form to submit it to the agency.  The State of Michigan will review your complaint and may then initiate an investigation.

Can I Sue for a Michigan Daycare Injury or Accident?

A parent can sue a daycare or childcare center for a child that was the victim of an accident or abuse.   This includes negligence that leads to injury, as well as both physical abuse and verbal abuse to the child.  A lawsuit can bring justice to the child and the parents.  And, suing for physical and verbal abuse can prevent this conduct from happening to another child in the future.

A child has the same rights to be kept safe in the hands of caretakers as any other person. However, children cannot serve as plaintiffs in their own claims for compensation following an injury. This requirement helps protect them from unscrupulous insurance companies and simplifies cases that go to court.

Instead, the law requires the parent or guardian of an injured child to serve as the plaintiff in a personal injury claim. However, any proceeds from the claim are still the property of the child.

The State’s Estates and Protected Individuals Code details the process by which a court must approve any settlement that a guardian makes on behalf of a child. Specifically, MCR §2.420 says that the Probate Court must approve any settlement that concerns the injury of a minor child.

A Michigan daycare injuries attorney will help parents follow the proper procedure for handling funds obtained in a childcare liability case.  In many of our cases, we have won settlement compensation for both the child and parents.  Our experienced attorneys will seek the maximum compensation for your case.

How much are Daycare Injury Settlements?

Daycare injuries to children can have long-lasting effects, both physically and emotionally. Children can receive compensation for current medical bills, future medical bills, lifetime care planning and accommodations, and counseling. In addition, settlements include payouts for pain and suffering, as well as disfiguring scars.

Children often require professional care from a psychiatrist or psychologist after such traumatic events.  Our attorneys will fully evaluate your child’s case to determine the appropriate compensation amount.  We work tirelessly to win the highest possible daycare injury settlements.

Michigan daycare injuries attorney

Contact a Michigan Daycare Injury Lawyer

A Michigan daycare injuries lawyer from The Buckfire Law Firm can help if your child was injured while in daycare. We will investigate the cause of the injury, identify all possible defendants, and demand fair compensation for your child.  Get started now so we can begin working on your case.

There are no legal fees unless you win a settlement.  And, it costs no money to start your case.

Call today to schedule an appointment.

Michigan Daycare Injury Resources

Michigan Kids Matter – Concerns in Child Care

Centers for Disease Control Early Care Injury Prevention

Child Care Centers and Homes Licensing Search

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