We send our children to daycare and school thinking that they will be safe, supervised and cared for adequately throughout the day. Children should be reasonably protected from harm while at school and daycare and should be adequately supervised at all times. However, many children each year suffer injuries and sometimes even death while at school or daycare. Children have rights too, and when they are at school or daycare, they have a right to be safe and protected from foreseeable harm and injury.
Children usually suffer injuries while at school or daycare as a result of:
- Inadequate or negligent supervision;
- Improperly maintained facilities, playgrounds, toys, etc.;
- Defective playground equipment, toys, etc.;
- Sports and recreational activities while at school;
- Injuries caused by other students or children;
- Unsafe conditions on the school or daycare center grounds;
- Too few staff or teachers to watch the children; and/or
- Failure of staff and teachers to respond appropriately when a child is injured or there is an emergency involving a child.
There are a number of state and federal laws that exist to protect vulnerable children who attend schools and daycare centers. For instance:
- 55 PA Code Section 3270.21 provides that day care centers should be free of any conditions that pose a threat to children’s health or safety, and Section 3270.54 details the minimum child-to-daycare facility staff ratios.
- Pennsylvania case law supports the use of premises liability law to develop a cause of action for a personal injury if a child was injured while on the grounds of a school. The theory of premises liability could be considered for an injury claim when a child is injured in a slip and fall accident, if there are problems with the structural integrity of the school, or if there are other unsafe conditions on the school grounds.
While laws exist to protect children, schools and daycare centers will fail to abide by these laws, will act negligently, and will expose children to harm and danger. When these establishments are responsible for injuries to children, you need to turn to an experienced Philadelphia school and daycare injury lawyer. The attorneys at The Pearce Law Firm can help you and your family seek compensation for the harm that your child has suffered.
Contact A Philadelphia School and Daycare Injury Lawyer
Children should be able to go to school or daycare and be safe from harm, injury and danger. If your child has been injured while at school or daycare, the Philadelphia lawyers at The Pearce Law Firm can help you. Contact The Pearce Law Firm either online or by calling (215) 557 8686 for a free initial consultation today.