Parents across the country rely on daycare and childcare facilities to keep their children safe while they are at work. Although most daycare facilities do a great job of keeping children safe, some do not and put kids in real danger.
In this blog post, our personal injury lawyers in Myrtle Beach explore liability in daycare and childcare facilities, as well as steps you should take if you suspect that your child has suffered an injury due to abuse or neglect at a daycare or childcare facility in Myrtle Beach.
By working with a qualified personal injury lawyer, Myrtle Beach families are better able to hold negligent daycare and childcare facilities accountable for failing to keep their children safe.
Liability for Injuries at Daycare and Childcare Facilities
Injuries to children caused by abuse or neglect at a daycare or childcare facility can lead to both criminal and civil liability for those involved. Depending on the circumstances, a criminal case may be brought against the person or persons that caused your child harm, and a civil case may be brought against the daycare or childcare facility for the injuries and damages to your child caused by their negligence.
Criminal Liability
If the incident involving your child leads to a criminal investigation, the local police department and the District Attorney’s office will ultimately decide if criminal charges will be brought against the caregiver. Most often, these criminal charges involve incidents like physical or sexual abuse of a child, for which the state will seek to punish the wrongdoer(s) with incarceration, probation, retribution, etc.
Civil Liability
Civil Liability involves the family of an injured child pursuing a personal injury claim or lawsuit against the daycare or childcare facility, its owners, and any others for negligently causing or allowing your child to be injured. This path to justice does not involve criminal charges and is not pursued by the District Attorney’s office. Rather, the family hires a qualified personal injury lawyer, like those at Joye Law Firm to pursue justice for their child.
The damages that could be recovered in a civil case against a negligent daycare or childcare facility or as follows:
- Medical expenses
- Lost wages and income
- Pain and suffering
- Mental anguish; and
- Other tangible and intangible losses incurred as a result of the injury
What to Do if Your Child Has Suffered an Injury Due to Abuse or Neglect at a Daycare or Childcare Facility in Myrtle Beach
If your child was the victim of an injury at a daycare or childcare facility, be sure to follow these steps:
- Seek Medical Attention Immediately: Catastrophic injuries like traumatic brain injuries, spinal cord injuries, and broken bones need to be treated right away. Many of the most severe injuries can’t be seen, and the younger the child the less likely they can tell you what’s wrong.
- Notify the Proper Authorities: First, you want to file a complaint with the Regional Child Care Licensing Office or report the abuse to the South Carolina Department of Social Services. The state will conduct an independent investigation to see if any violation of the minimum standard of care caused the injuries to your child. The state investigation can lead to the enforcement of corrective measures to make sure that this doesn’t happen to another child in the facility’s care. If you believe there was any criminal intent involved, then the second authority you need to call is the police. The police will conduct their own separate investigation related to criminal charges against the alleged perpetrators of the abuse.
- Contact a Personal Injury Lawyer from Our Law Firm: If your child has suffered injury or abuse in a daycare or childcare facility in Myrtle Beach, it is important that you get an experienced personal injury lawyer involved who understands how both the civil and criminal processes work in South Carolina. As experienced personal injury lawyers we have the experience, tools, and resources to help you and your family at this trying time.
Reach out to a Myrtle Beach Personal Injury Lawyer at Joye Law Firm
When a daycare or childcare facility fails to keep the children in their care safe from harm, they can and should be held liable for the resulting injuries and damages. If you have questions about filing a civil lawsuit against a negligent daycare or childcare facility in Myrtle Beach, reach out to a skilled personal injury lawyer in Myrtle Beach at Joye law firm.
Our team has handled many claims and lawsuits involving abuse, neglect, and other forms of mistreatment at daycare and childcare facilities in South Carolina. We can help you hold the negligent facility accountable for their actions.