Because Your Future Matters

My child was hurt at daycare. Can I sue?

On Behalf of | Sep 29, 2024 | Personal Injury |

When you entrust your little one to a daycare facility, you expect them to return home unharmed. No parent ever anticipates receiving a call informing them that their child has been in an accident. Still, playground accidents at daycare facilities are all too common, causing families to suffer emotional and financial consequences.

In New Mexico, daycare centers have a legal duty to keep their premises safe for children. This includes staff-to-child ratios, training requirements, and safety protocols. If a daycare does not follow these rules, parents can hold it liable for any injuries that occur.

Holding parties accountable for your child’s injuries

To determine if you have a case, consider the following factors:

  • Negligence: Was the daycare center’s negligence the direct cause of your child’s injury? Did they fail to provide adequate supervision, maintain a safe environment or follow proper protocols?
  • Causation: Is there a direct link between the daycare’s negligence and your child’s injury?
  • Damages: Has your child suffered physical, emotional or psychological harm as a result of the injury?

Playground injuries, including those acquired at daycare facilities, can be as severe as broken bones, head trauma and other serious harm. Even with proper supervision, these accidents can happen. The key is determining whether the daycare was negligent in its duty of care.

If you have answered “yes” to the above questions, you can potentially sue the daycare center for your child’s injuries. In New Mexico, you typically have three years to file a personal injury claim.

Pursuing this legal action can compensate your child for health recovery expenses and ongoing physical pain and emotional distress related to their injury. In some cases, you may also recover payments for lost wages if you missed work to care for your injured child.

Your child’s well-being comes first

While no amount of money can take away your loved one’s pain, obtaining compensation for injuries can prove vital in the long run. Suing a daycare may also prevent similar accidents from happening to other families. A skilled personal injury attorney in Albuquerque, New Mexico can help you achieve your legal goals.