For many dual-income families in the San Fernando Valley, or families where both parents work outside of the home, choosing the right daycare for their children is a big decision. Thankfully, childcare facilities are heavily regulated in California.
Choosing the right daycare
When it comes time to choose a childcare facility, the parents or guardians will likely have to sign pages of paperwork. It may feel like you are signing your rights away, but, if your child is injured, you still have legal rights. Indeed, most CA courts will hold the childcare facility liable for any and all injuries to the child, finding that these facilities have a duty of care to the child and parents that cannot be waived off.
Some childcare centers don’t require a license
Be warned that not all childcare facilities require a license. Indeed, those at heath clubs/gyms, supermarkets and churches may be exempt from regulatory licensing requirements as long as the parents are at the facility while the child is in daycare.
So what happens when your child is injured in the gym childcare while you are in yoga class? This very issue is currently being litigated in San Francisco.
We have come up with a list of questions parents can ask prior to placing their children in any daycare or childcare:
1) Does the paperwork I am signing include a separate childcare facility contract which outlines the care owed to my child?
2) What type of training do the facility operators have? Are they CPE certified, etc…?
3) What is the ratio of children to facility operators? Too many children and too few operators could be a disaster.
This list is not exhaustive. Discuss the facts of your case with an experienced injury attorney.
Suing on behalf of your child
If your child has been injured while under the care of a licensed or unlicensed childcare center, you need to know your rights and whether you can sue for damages. Generally speaking, the answer is yes. As a parent, you should not feel hesitant to fight for damages after your child has been injured. If you or someone you know has a child who has been injured in any type of child care facility, contact Woodland Hills attorney Barry P. Goldberg today.