Legal | What to do if a child is injured in a nursery? | Los Angeles Senior Personal Injury Attorney
Time: 10/12/2021
What do we need to do if a child is injured in the nursery? The following points can help you. You can file a personal injury claim with the nursery. When sue for negligence at the nursery, you must prove that the nursery has a duty to take care of the child and breached that duty and caused negligence.
Before prosecution
Children often need all the treatment they need before suing the nursery. When the treatment is over, you need to keep all medical bills and medical reports. The medical report details the circumstances and extent of the child's injury, which is very important as these determine the amount of compensation for the accident. Injury payouts are often much larger than the medical bills. In addition, since the child is a minor, it is necessary to appoint a guardian of the child to enforce his rights and file a lawsuit.
Nursery's legal liability
In order to prove the child's injury caused by the fault of the nursery, you must provide relevant evidence. Include evidence that nurseries did not exercise their responsibility to avoid foreseeable harm. In general, nurseries need to be properly trained to prevent visible injuries and to check frequently for potential hazards that could lead to injury to a child. When assessing child care injuries, the first thing to do is to determine whether the child care is exercising appropriate care. There are two factors to consider:
1. How was the injury caused: Was the injury due to insufficient supervision of the nursery staff? Nurseries are liable for employees who cause negligent supervision during or at the workplace. If it is outside the employee's work environment, the nursery may make a rebuttal that it is not its responsibility.
2. Was the fact of the injury foreseeable: When assessing a nursery injury incident, the court usually asks, under the circumstances, whether the nursery could have avoided the incident? For example the potential for injury time, visibility:
(1) Injuries caused by children falling in play facilities
(2) Children injured due to environmental sanitation
(3) Children injured by collision or tripping
There are fewer potential examples of what nursery schools can do to prevent injuries. There are also many potential factors that can cause a child to be harmed in a nursery. The specific circumstances and injury to the child will determine whether the nursery is liable for negligence resulting from improper supervision.
Young children or young children have a weak sense of protection due to their physical development, and are easily injured by turning their heads on the ground. According to the behavior and development characteristics of infants and children, lack of active supervision can easily lead to injury to children, and accidents will naturally occur. But many accidents will be seen as unintentional, some involve varying degrees of negligence, and some are not at all negligent. For specific circumstances, you should consult an experienced lawyer in time, and they will tell you how to communicate with the nursery so that the nursery can take its due responsibilities.
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法律 | 小孩在托儿所受伤怎么办？| 洛杉矶资深人身伤害律师
如果小孩在托儿所受伤了，我们需要怎么做? 以下几点可以帮到你。你可以向托儿所提出人身伤害赔偿。在向托儿所提出过失的起诉时，你必须要证明托儿所有照顾好孩子的责任且违反了该责任，并造成过失。
起诉前
在起诉托儿所之前，小孩往往需要接受所有的治疗。当治疗结束后，你需要保留所有的医疗账单以及医疗报告。医疗报告会详细记录小孩受伤的情况以及程度，这个非常重要，因为这些都决定着事故赔偿的金额。受伤赔偿的金额往往是远超于医疗账单的金额。另外，由于小孩是未成年，所以需要指定小孩的监护人来执行其权利，提出诉讼。
托儿所的法律责任
为了证明托儿所过失而导致小孩的受伤，你必须要提供相关的证据。包括托儿所没有行使他们的责任来避免可预见伤害的证据。通常，托儿所需要合理地培训，防止可见的伤害，要经常检查是否会有导致小孩受伤的潜在危害。当评估托儿所伤害事故时，首先来判断托儿所是否行使适当的照看，有以下两方面考虑因素：
1. 受伤是怎么造成的：是否由于托儿所的工作人员监管不足而导致的受伤？托儿所对在工作期间或工作地点，造成过失监管的员工是承担责任的。如果是在员工工作环境以外的地方，托儿所可能会提出不是其责任的反驳。
2. 受伤的事实是否是可预见的：当评估托儿所伤害事故的时候，法院通常会问当时的情况，托儿所是否可以避免事故的发生？例如受伤时间的潜在性，可见性：
（1）小孩在游玩设施中坠落而导致的受伤
（2）小孩由于环境卫生而受伤
（3）小孩由于碰撞或绊倒而受伤
只有较少的潜在性例子说明托儿所可以做好预防伤害的措施。还有许多潜在的因素会导致小孩在托儿所受到伤害。具体的情况和小孩受到的伤害，将会决定托儿所是否有监管照看不当所造成过失的责任。
年纪小的小孩，或者是幼儿由于身体发育，他们自身的保护意识较弱，很容易头朝地造成伤害。根据幼儿和小孩的行为和发展特点，缺乏主动性的监管会容易导致小孩的受伤，事故自然会发生。但是许多事故的发生会被视为非故意的，有些则涉及不同程度的过失，有些则完全与过失无关。具体情形，应当及时向经验丰富的律师咨询，他们会告诉你该怎么跟托儿所沟通，让托儿所承担应有的责任。
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每年有很多小孩在托儿所里受伤，如果受伤以后，能不能获得赔偿，能获得多少赔偿，都和律师的专业办案经验和掌握所有法律责任细节的能力有密切关系。如果你的孩子或亲朋好友的孩子受到意外伤害，人身伤害，我们王志明律师事务所每周7天24小时为你服务。同时我们也可以为你和你的家人安排一个方便的时间和地点见面。我们提供免费的案件评估。客户无需支付律师费用，除非他们在和解或陪审团裁决中获得金钱赔偿。立即致电(626)-608-6888或电邮info@pacificlawoffice.com。与我们联系，进行免费咨询。
Citation: Legal | What to do if a child is injured in a nursery? | Los Angeles Senior Personal Injury Attorney
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