Is a Daycare Liable for My Child’s Exposure to Allergens?

 Posted on September 02, 2021 in Blog Post

Last month, Illinois governor J.B. Pritzker signed a bill requiring the Department of Public Health, the State Board of Education, and the Department of Children and Family Services to work together to establish an anaphylactic training policy at daycare facilities and schools in order to prevent personal injury due to allergies.

This means Illinois daycare centers must train their employees how to recognize and treat anaphylactic shock, a dangerous and sometimes life-threatening allergic reaction. This new law is known as an “Elijah’s Law,” named after a tragic incident in which a daycare fed a child named Elija Silvera dairy in his lunch despite knowing Silvera had a severe dairy allergy. Silvera, just three years old, passed away from an allergic reaction.

Are Illinois Daycares Responsible for Preventing Food Allergen Exposures?

In 2008, Congress passed an amendment to the Americans with Disabilities Act (ADA). This amendment codified specific protections for children with allergies, mandating that public and private schools and daycares provide accommodations and take safety precautions to protect children with food allergies.

Daycares have been held liable in many cases for exposing children to food substances to which they have a known allergy. Parents of children who are exposed to food allergens and who are injured or die as a result may be eligible for compensation from daycare centers, including punitive damages.

What Should I Do If My Child Had an Allergic Reaction at Daycare?

If the daycare center knew about your child’s allergy, and you believe your child had an allergic reaction due to negligence on the part of the daycare staff, the first thing you should do is contact a personal injury attorney. The longer you wait, the less likely you are to have the evidence you need.

Collect evidence and write down everything you remember. Hospital bills, photos, and testimony from your child could all be important. Do not be confrontational with the daycare center employees; let your attorney speak with the daycare’s legal team.

If your child has not had an allergic reaction, but your chosen daycare facility is failing to provide reasonable accommodations to prevent exposure to food allergens, you may have the right to seek damages and help ensure the daycare is safe in the future.

Work with a Glenview Daycare Food Allergy Lawyer

No parent should have to fear for their child’s health and wellbeing during time spent at daycare. Quinn Law Group, LLC aggressively represents victims of dangerous food allergy reactions that could have been avoided with reasonable precaution, helping these victims pursue justice and financial damages. Work with a Des Plaines premises liability attorney you can trust. Call us today at 847-232-7180 to schedule your free consultation.

Sources:

https://www.allergicliving.com/2021/08/20/illinois-gov-signs-elijahs-law-protecting-allergic-kids-in-daycare-school/

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=102&GAID=16&aDocTypeID=HB&SessionID=110&GA=102