We are sorry to hear that your child went through this terrifying incident and suffered injuries as a result. You understandably want to hold the adults responsible for supervising your child accountable for the injuries your child has suffered. Whether the daycare is liable for your child’s eating-related injuries depends, however, on whether the daycare or its staff was negligent.

How to Know If the Kentucky Daycare Was Negligent

A full investigation will need to be done into why your child choked, how your child was being supervised at the time he choked, when the staff realized your child was choking, and what the staff did at that time. Our staff nurse and experienced daycare injury lawyers can do this investigation for you and look at all of the relevant evidence. That evidence might include:

  • Whether the daycare knew, or should have known, about your child’s special needs.
  • Whether your child had an Individualized Family Service Plan (IFSP) that covered feeding and whether the IFSP was followed.
  • Staff to child ratios at the time your child choked.
  • The certifications and trainings of the staff who were present at the time your child choked.
  • How quickly staff recognized your child was choking and what actions they took.
  • What food was served to your child.

This evidence, and any other evidence that is relevant to your child’s case, will be carefully analyzed in order to determine if the daycare exercised reasonable care with regard to your child.

A Failure to Exercise Reasonable Care That Results in Injury Is Negligence

If we find that the daycare failed to exercise reasonable care and that this failure caused your child’s choking injury, we may be able to pursue a daycare negligence claim on your child’s behalf.

To learn more, please contact us today for a free consultation and download our free legal guide, A Parent’s Guide to Daycare Injury Cases: How to Obtain Justice When a Kentucky Daycare Facility Harms Your Child.

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law

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