What to Do if Your Child Is Injured and You Want to Sue

Posted By Jorgensen, Brownell & Pepin, P.C.

14 Sep. 2017

As a parent, the health and safety of your child is most important, but there is always the risk that something will go wrong when they’re under the care of someone else. The negligence of another person or persons, such as a daycare provider or babysitter, can cause a child to get injured.

For example, if a daycare provider allows a child to play outside during a thunderstorm and the child gets injured, the provider’s careless decision was a cause of the child’s injury. The legal remedy for this is known as a negligent supervision claim. While it applies in other contexts such as the supervision of the elderly, the majority of cases involve injuries to children.

Who Can Be Held Liable?

Anyone who agrees to care for your child may be held responsible for negligent supervision. Examples of negligent parties include:

  • Daycare providers
  • Babysitters
  • Nannies
  • Other parents

Day Care Providers

If your child is injured while under a single person’s supervision, it may be easier to bring a claim for negligent supervision. On the other hand, with institutions like schools and day care providers, proving liability is much more complex due to the various possible negligent parties.

While the majority of daycares require parents to sign a release or waiver of liability, you still have the right to file a personal injury claim. A daycare has a duty to protect your child and, if they breach that duty and it results in your child’s injuries, the daycare may be held liable.

Suing the Negligent Party

If you suspect your child has been injured due to the negligence of another party, it is important to seek legal guidance from our Longmont personal injury attorneys at Jorgensen, Brownell & Pepin, P.C. immediately. If the injury was preventable, we can help you collect the evidence to build a successful case for negligence.

Call (720) 809-8310 or contact us online to speak with a lawyer.
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