WHAT SHOULD I DO IF MY CHILD IS INJURED IN A NURSERY/KINDERGARTEN?
Many parents are concerned that their children will be harmed in kindergarten or nursery, and we get a lot of that. Occasional bumps, scratches or scrapes are normal for children and there is no need for a claim. However, if the child suffers a more serious injury, such as a broken bone, severe brain injury, or even death by suffocation, it is likely to be abnormal, and it may be caused by the fault of the nursery or kindergarten.
According to California law, there are three main types of faults involving a nursery or kindergarten:
First, there is a supervisory negligence by the teacher or staff. If your child is injured because the staff did not take care of him properly, you can file a claim for negligence. For example, another child hurt your child, but the teacher did not stop it in time; for example, the teacher or staff accidentally opened the school gate and the child ran into the road and was hit by a vehicle; for example, the teacher or staff failed to ensure food safety, etc. File a claim for supervisory or supervisory negligence by a teacher or employee.
Second, there is safety in the nursery or kindergarten. For example, if the amusement equipment is outdated and not regularly maintained, it is damaged, which leads to an accident; because the nursery or kindergarten does not know the ground hazards in time and causes children to trip, etc., these cases can also be filed against the nursery or kindergarten.
Third, there are illegal acts in the nursery or kindergarten. The most typical example is that the nursery or kindergarten does not meet the minimum requirements for the teacher-student ratio in California due to cost considerations, resulting in accidents with more students and fewer teachers. In this case, the injured child is likely to be able to file a claim with the nursery or kindergarten.
California law obligates nurseries or kindergartens to ensure the safety of the children in their care. They must care for children in accordance with industry standards and reasonably foresee or prevent potential risks. Failure to do so may result in liability for compensation.
If your child is unfortunate enough to experience an injury in a nursery or kindergarten, contact a professional personal injury attorney as soon as possible. This ensures that evidence of the accident is protected and that your child can ultimately receive reasonable compensation.
小孩在幼儿园/托儿所受伤怎么办？
很多父母担心孩子在幼儿园或托儿所会受到伤害，我们也接到很多这样的咨询。孩子们偶尔的磕碰、抓伤或擦伤是很正常的，也没有索赔的必要。 然而，如果孩子受到比较严重的伤害，比如骨折、脑部重创、甚至是窒息死亡等，则很可能是不正常的，很可能是因为托儿所或幼儿园的过错导致的。
根据加州法律，涉及到托儿所或幼儿园过错的主要有以下三种情形：
第一，老师或员工存在监督过失。 如果您的孩子因为工作人员没有正确地照顾他而受伤，您可以以疏忽为由提出索赔。比如另一个小朋友伤害了你的孩子，而老师却没有及时制止；比如老师或员工不小心打开校门导致小朋友跑到路上被车辆撞到；比如老师或员工没有确保食物安全等等，这些情形都可以以老师或员工存在监督或监管过失为由提起索赔。
第二，托儿所或幼儿园存在场所安全。比如，因游乐设备陈旧没有定期维护导致有所损坏进而导致事故发生；因托儿所或幼儿园没有及时清楚地面危害物体导致小朋友绊倒等，这些情形也可以向托儿所或幼儿园提起索赔。
第三，托儿所或幼儿园存在违法行为。最典型的例子是，托儿所或幼儿园出于成本考虑，没有达到加州师生比的最低要求，导致学生多、老师少而发生事故。这种情形下，受到伤害的小朋友就很可能可以向托儿所或幼儿园提起索赔。
加州法律规定，托儿所或幼儿园有义务确保他们所照顾的孩子们的安全。他们必须按照行业标准来照顾孩子，并合理预见或预防潜在的风险。如果没有做到的话，就可能要承担赔付责任。
如果您的孩子不幸在托儿所或幼儿园遇到伤害，请尽快联系专业的人身伤害律师。这样才能确保事故证据得到保护，确保您的孩子能最终拿到合理赔偿。
Citation: What should I do if my child is injured in nursery/kindergarten?
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