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No standing child falls a great distance, when dropping to the ground. Still, that fact does not do away with a parent’s concerns, regarding the chances that a son or daughter might make contact with the ground while at a daycare center. After all, there are so many different ways that a small child can fall.
Possible descriptions for an event where a child hit the ground:
• Child falls from a piece of furniture;
• Child slips and loses ability to stand upright;
• A child’s falling gets followed by a period of tumbling;
• The child falls head first.
Before the parent can file a personal injury lawsuit on behalf of an injured son or daughter, that same adult needs to contact a personal injury lawyer in Barrie. That lawyer can investigate the circumstances surrounding the falling event.
What an injury lawyer will seek to learn about the circumstances surrounding the falling event:
How much supervision was given to each child?
Was the supervised child within an adult’s view at the time of the falling incident? An attorney seeks an answer to that question, because it reveals any supervisor’s ability to foresee the occurrence of a possible accident. Staff members cannot foresee every accident, but their level of foresight increases, when a supervised child is also an observed child.
• Did the daycare facility conduct a background check on each potential staff member?
• Did the same facility offer any form of training to new members of the staff? Did the older members get a chance to attend an annual re-education program?
• What toys were made available to the children? How were they cleaned.
What an attorney should try to learn about the center where the child got injured:
• Did this facility have a license? Was it located in a building that adhered to all of the local and provincial safety codes?
• Where is the first aid kit stored in this particular center?
• Are all of the center’s fire alarms in good-working condition?
• What plans have been put in place, in order to deal with an emergency?
General questions about the center/facility help to disclose the extent to which measures have been put in place to prevent a falling incident. The existence of such measures diminishes the level of suspicion, regarding the chances that the center’s negligence had increased the likelihood that a fall would take place.
This calls attention to the fact that a negligent act does not have to be something overt and obvious. It can consist of no more than the failure of someone to behave in an expected manner. A center’s failure to enforce the appropriate level of preparedness opens the door to questions about its possible tendency to be careless and neglectful.