DAYCARE NEGLIGENCE


Cincinnati Personal Injury Lawyer Reviewing Cases for injured plaintiffs in Ohio and Nationwide
Nationwide Success

Protecting The Wrongfully Injured

Almost 11 million children attend child care programs across America. Placing a child in the care of a daycare facility can be difficult for any parent. Though the majority of daycare centers are safe and caring businesses, some can be poorly managed, understaffed, disorganized, and abusive, and children may suffer as a result.

Daycare centers are regulated by law and each facility must obtain proper licensing if there are more than three children being cared for a the same time. The expectation—particularly when parents are paying for exceptional care—is that your child will be safe from harm each and every day.

When accidents do occur, due to daycare negligence, lack of supervision, and mismanaged facilities, the responsible parties can be held liable, and with lawsuits, families may recover damages and make certain future injuries are prevented in the future.

Daycare centers are treated like schools in regard to laws and guidelines they must adhere to in order to ensure the safety of children. Daycares have a duty to remain clean, safe, and up-to-date on first-aid and basic childcare.

Daycare companies should be careful in hiring practices, in day-to-day supervision, and should they fail to follow laws and preventative safety measures, allowing accidents to occur, a premises liability claim may be filed against them.

Joe Lyon is an experienced Ohio premises liability and personal injury attorney investigating claims of daycare negligence and workplace violations.


Types of Daycare Negligence


Most daycare center accidents are not intentional, but in some situations the daycare providers may be held accountable for not providing a safe environment.

In other cases, daycare staff may commit obvious offenses that lead directly to injury. Common types of negligence that may occur at daycare centers include:

  • Lack of supervision. Understaffing may be the primary reason many child are injured during the course of the day at daycare. Some facilities choose to cut costs, and child safety suffers.
  • Untrained staff–placing just any worker in a daycare is unacceptable, and a daycare company may be held liable for hiring under-qualified staff and failing to properly train them.
  • Dangerous playground equipment. Aging playground equipment may be rusty or have sharp edges, that pose risks to children. Any unstable playground equipment should be removed from the center.
  • Failure to keep a clean and sanitary environment. Hygiene is critical to keeping children safe, and staff healthy. When daycare centers are not cleaned regularly, children may develop illnesses.
  • Presence of lead-based paint. Lead poisoning is still a major concern, especially in older buildings.
  • Presence of recalled toys. The CPSC publishes lists of recalled toys each year, and daycare staff should be aware of potential toy recalls.
  • Unprotected sharp corners. Child proofing the center is basic protocol, and every precaution must be taken.
  • Keeping dangerous dogs and other animals around children. Dog bites can be severe and cause permanent scarring and injury.
  • Ingestion of allergens or toxic substances. Allergies can lead to emergency room visits or deaths in serious cases.
  • Uncovered electrical outlets or other dangerous items in plain view
  • Lack of safe boundaries or safety gates
  • Sexual abuse or inappropriate contact
  • Physical and verbal abuse.
  • Medicinal abuse—children given drugs without parent’s consent
  • Deliberate failure to accommodate special dietary requirement
  • Failure to warn children of potential facility dangers. A lack of signs or warnings can be a hazard.
  • Any injury occurring because of a lack of attention.

The Signs of Daycare Negligence & Abuse


It is terrifying for parents to think about their child in danger at a daycare facility, particularly because in most cases of daycare negligence, children are unable to identify or verbalize any possible safety issues. There are basic signs of emotional and physical distress, however, which may include:

  • Bruises or cuts
  • Child appears unclean or has a foul odor
  • Unexplained injuries
  • Child is hungrier than they should be after pickup
  • Emotional outbursts and anxiety when discussing or entering the daycare center
  • Bedwetting increases due to stress
  • Changes in child’s behavior or mood
  • Problems sleeping


If you suspect a child is being neglected or abused by a daycare provider, contact a doctor, the police or child protective services, and an experienced attorney. These authorities can help investigate an injury claim.


How to Choose a Proper Daycare Facility


Daycare negligence often goes unnoticed until abuse has already occurred. This makes it essential to vet a daycare facility before entrusting them with your child. When choosing a daycare center, a parent should make sure certain criteria is met. For example, a daycare facility should provide:

  • Proper staff to child ratio
  • Staff trained in CPR and other first aid procedure
  • Access to first aid materials
  • Proper licensing
  • Adequate and healthy food schedule
  • Sanitary bathroom facilities
  • Strict boundaries and safety measures to prevent child wandering
  • Carbon monoxide detectors, smoke and fire alarms present
  • Safe toys and playground equipment
  • Proper fencing and door locks
  • No questionable pets or animals present
  • Adequate childproofing on cabinets and doors

Window Blind Hazards


For many years, child safety experts have warned parents and daycare officials of the deadly risk of window blind cords. Infants and toddlers have a tendency to wrap themselves up in window blinds and risk strangling themselves or choking on the cords.

Daycare staff should be trained in child safety and recognize all dangerous child products in the home or center. Any accident may be preventable if the product has a history of injuring children.


Common Daycare Negligence Related Injuries


Daycare centers have a responsibility to care for each individual, no matter how busy the staff may be. Some common sources of daycare injury may include:

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ABOUT THE LYON FIRM

Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.

NO COST UNLESS WE WIN

The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.

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A Voice for Those who have suffered

Why are these cases important?

Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

Contact The Lyon Firm Today

Questions about Personal Injury Cases

What is a Personal Injury Lawsuit?

Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.

Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.

Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.

What is the Process?

Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses.  Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.

Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations.  Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.

Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.

Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.

In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.

Are there any limits to what I can recover?

Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:

  1. Non-Catastrophic Injury:   The non-economic award is limited to $250,000 per plaintiff, or three times the economic loss, up to $350,000 per plaintiff. A maximum of $500,000 for each “occurrence.”
  2. Catastrophic Injury: No limits.

The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

Experience:  Joe Lyon is an experienced Cincinnati Personal Injury Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters.   Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.  Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence casesThe cases have involved successfully litigating against some of  the largest companies in the world.

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law. 

$1,000,000

WRONGFUL DEATH: DISTRACTED DRIVER

(Brown County, Kentucky):   The Lyon Firm was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.

$495,000

MOTORCYCLE ACCIDENT

(Cincinnati, Ohio):  The Lyon Firm was lead counsel in a $495,000 settlement. This case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.

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