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Daycare Negligence in South Carolina: Warning Signs & What You Can Do

July 13, 2023

: Daycare Negligence

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Any type of neglect within a daycare center poses significant dangers to the children who learn and play there on a daily basis. If you have concerns that your child is suffering from daycare negligence, it can be scary and challenging to seek help. You may be wondering if you can sue a daycare for negligence. 

The short answer is: yes, you can sue a daycare for negligence in South Carolina, but before you do so, it’s crucial to understand the various forms of daycare negligence, recognize the signs, and what you can do to protect your child. 

What is Daycare Negligence?

Daycare negligence occurs when a childcare center fails to meet the required standards of care and safety for the children under their supervision. This form of negligence often involves acts or omissions by the daycare staff or management that result in the harm, injury, or neglect of the children in their care. Daycare negligence can have serious consequences for children’s well-being, including injuries, physical and emotional harm, trauma, and more. 

What Are the Warning Signs of Daycare Negligence

The best way to ensure your child’s safety is to recognize the warning signs of daycare negligence. There are several red flags that may indicate potential negligence in a daycare setting; some of the most common include: 

  • Insufficient childcare providers | Some childcare centers may attempt to save resources by hiring fewer staff members. Unfortunately, this means that the ratio of caregivers to children may be inadequate and could result in improper supervision and injuries. 
  • Inadequate employee background checks | Conducting background checks is critical in ensuring children’s safety. If a childcare facility negligently employs a person not legally permitted to work with children, the daycare center could be liable. 
  • Unsafe premises | Clear signs of unsafe premises for children include access to dangerous areas and substances, poor facility maintenance, and lack of safety measures like fire alarms, smoke detectors, or emergency exits. 
  • Dangerous toys and playground equipment | When a daycare fails to prioritize children’s safety, it may provide inappropriate toys for their age group with sharp edges or small parts that could be a choking hazard. Similarly, poorly maintained playground equipment, such as rusty metal or broken/unstable structures, could pose risks. 
  • Food safety issues | Concerns surrounding food safety can vary. They can include inadequate nutrition, dehydration, cross-contamination, poor hygiene, and failure to obey dietary needs. 
  • Unexplained physical harm | It is not uncommon for children to sustain minor bruising during their day-to-day play and exploration. However, severe bruising or marks sustained in odd locations are possible signs of child abuse. 
  • Unusual behavioral changes | Sudden changes in a child’s behavior, such as bed-wetting, fear, anxiety, aggression, clinginess, and emotional withdrawal, could indicate neglect and abuse. 

If you notice any signs of potential neglect, you may be entitled to compensation. Our experienced personal injury attorneys can work with you to determine the best path forward for your case. 

Can You Sue a Daycare for Negligence in South Carolina?

If you suspect your child has been harmed due to a negligent daycare, you may have legal recourse to hold the facility accountable for their actions or lack thereof. 

Here is what to do if your child has been subject to daycare negligence: 

  • Maintain a record of any incidents or signs of negligence
  • Communicate your concerns with the daycare management or staff
  • Remove your child from a negligent child care center to ensure their safety 
  • Seek medical attention, if necessary
  • Consult with a South Carolina daycare negligence attorney  
  • Report negligence to the appropriate regulatory authorities
  • Consider legal action 

Bernstein & Bernstein Can Help You Take Legal Action Against a Negligent Daycare Center

Do you want to pursue legal action against a negligent daycare in South Carolina? The dedicated team at Bernstein & Bernstein is ready to assist you. Safeguard the well-being of your family and contact our daycare negligence attorneys in Columbia, SC. Our experienced team can help you seek legal recourse against those responsible for negligent actions, guide you through the entire process, and provide you with all your options. 

Contact us today to learn more and explore the next steps. 

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