Daycare injury sparks law suit against operator, state regulator

Posted on behalf of Stewart Bell, PLLC on Feb 15, 2013 in Personal Injury

The parent of young child has filed a lawsuit against a daycare owner claiming negligence after her son allegedly sustained a severe closed head injury. The case was filed in a West Virginia circuit court and names four individuals and the West Virginia Department of Health and Human Resources as the defendants.

According to the lawsuit, the parent dropped the child off with the woman that operated the daycare out of her home. A few hours later, the parent received a phone call from the daycare operator stating that the boy had been injured and was being treated at a nearby hospital.

The complaint adds that hospital physicians ruled that the injury was not accidental; they diagnosed the child with severe head trauma. The parent claims that the daycare operator was not at home when the injury occurred; instead, the woman's husband was caring for the child. The husband was not authorized by the WVDHRR to care for children in the in-home daycare center.

The suit also claims that it took the daycare center between two and four hours to notify the parent of the injury. Apparently, the daycare operator offered no explanation for the delay in notifying the parent or in taking the child to the emergency room.

The daycare is not covered by liability insurance, although insurance is required by law. The parent claims that the operator of the daycare was negligent when caring for her son and that the Health Department violated state law when it granted the center a provisional license.

Source: West Virginia Record, "Parent blames Precious Moments Daycare for son's injuries," Kyla Asbury, Feb. 8, 2013

We help families in the Charleston, West Virginia, area who find themselves in situations similar to the one discussed in this post. If you would like to learn more about our practice, please visit the personal injury page of our website.

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Charleston, WV 25301

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