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Premises Liability for Daycare Centers

Daycare centers are where young children go to learn and develop important social skills necessary for success as adults. However, they can also be sources of significant personal injury liability for those in charge of maintaining the building. Read on for what Nevada residents should know about premises liability at daycare centers.

Unsafe or Dangerous Conditions on the Property

Daycare administrators have a responsibility to maintain a safe operating environment for all students. In terms relevant to personal injury litigation, this is often referred to as the “duty of care.” When foreseeable threats to personal safety exist within the confines of daycare property, it is the responsibility of facility leaders to take reasonable action to mitigate the risk of harm that may befall children in attendance.

There are many examples of different daycare environments that should be adequately maintained to reduce the risk of personal injury to children. For example, playground equipment should be regularly inspected and maintained to ensure there are no apparent safety risks. Slippery floors and other unsanitary conditions such as bathrooms or spots in the cafeteria should be attended to promptly with the appropriate warning signs displayed visibly when necessary.

The presence of lead and other toxic materials such as asbestos also requires due consideration by daycare officials. This is most commonly an issue in older buildings built before the 1970s and 1980s, where lead was commonly found in paint and asbestos was a common insulation material for walls, ceilings, and vinyl flooring. Exposure to these and other harmful chemicals can cause a myriad of lifelong health issues.

Personal Injury Caused by Other People

The same duty of care extends to daycare leaders when it comes to taking reasonable steps to keep children from causing personal injury to one another. This duty includes hiring enough staff to ensure all attendees are adequately supervised throughout the day while on the property. In addition, daycare hiring officials must take care to conduct thorough background checks and interviews to make sure that only the safest and most experienced individuals are hired to work in the care of children.

Daycare centers may be civilly liable for cases of sexual abuse or bullying of a child if they knew or should have known about the issue given the circumstances. When daycare leaders should have known about the likelihood of personal injury to students on the premises and failed to take action, parents and other stakeholders may have grounds for pursuing litigation and should consult with a local experienced personal injury attorney.

Exceptions to Daycare Center Liability

Daycares are generally not liable for a personal injury that occurs on the property after regular hours or outside daycare-sponsored events. For example, if local residents bring their children to play on a daycare’s playground equipment over the weekend and a child gets hurt, the school is unlikely to be held responsible for this injury.

Professional Legal Counsel

For years, the attorneys at H&P Law have been helping personal injury victims in Las Vegas and throughout Nevada fight for compensation after an accident that occurs on a property such as schools or daycare centers. Contact H&P Law today to discuss your case.

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