Did Your Child Get Hurt Because a South Carolina Day Care Broke the Rules? Learn Your Rights & Protect Your Family

I have written a number of articles about the responsibilities South Carolina day cares owe children and parents. When these responsibilities are violated, kids get hurt and medical bills pile up. The child care center will often say that your son or daughter’s injury was an accident, that nothing could be done to prevent it. In other instances, the facility will claim that had your child only listened to the teacher, the injury would not have happened (Translation: They blame your child and take no responsibility).

The truth is: day care injuries in South Carolina are far too common, and are often the result of a facility's choice to ignore the rules and regulations that are in place to prevent harm. 

Many Day Care Accidents Are Caused By Negligence

While some injuries are the result of unforeseeable accidents, many arise because of pure negligence or indifference. The day care might assign an unqualified substitute to watch after your kids when a teacher is sick; they could continue to use outdated, hazardous playground equipment; or perhaps they hire staff members without conducting a criminal background check. No matter which safety regulation the day care violates, if your child gets hurt as a result of the violation, the day care must be held accountable.

What To Do If Your Day Care Violates The Law

South Carolina parents have a number of options when child care facilities violate the law and cause injury:

  1. You can report the incident to DSS for further investigation. This option is commonly pursued when some form of assault or abuse has taken place.
  2. You can request that the facility contact its liability insurance company and establish a claim.Nearly all South Carolina day cares have liability insurance. This form of insurance is designed to compensate the injured child and his or her family for all damages.
  3. You can remove your child from the center where the incident occurred. Many parents fear repeat injury or retaliation after a DSS report or insurance claim has been filed. There are countless day cares across our state. You can remove many of your fears by enrolling your child in a new facility after the initial incident.

Receiving Help From A South Carolina Day Care Injury Attorney  

I have helped families obtain DSS investigative reports and findings. I have also helped families pursue fair compensation from insurance companies. Many times, families come to me after the insurance company denies their claim or offers to pay only a fraction of the child’s medical bills. You do not have to wait that long. The earlier I take on a case, the more help I can provide.

However, even if you choose to pursue the claim by yourself, know that when insurance companies refuse to play fair, we seek justice – nothing more and nothing less. While very few day care negligence cases ever make it to trial, these matters often require an attorney who can draft lawsuits, take depositions, protect children from harassment, and properly negotiate on a family’s behalf.

In sum, if your son or daughter is hurt at day care in South Carolina due to a violation of our child safety regulations, you have options. Your child need not suffer in vain. Nor should you be faced with medical bills or co-pays that would not have been necessary had the day care simply followed the rules. For answers and guidance, call me today at 803-790-2800.

Kenneth Berger
Columbia South Carolina attorney dedicated to securing justice by helping the truly injured