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IL injury attorneyThere are many working parents in the United States. Finding child care options can be a daunting task, since parents are entrusting their child’s well-being with someone else. That is why it is important to find licensed facilities to ensure your child’s safety. Bruises, cuts, or scrapes can be the result of typical childhood roughhousing. However, not all injuries are unintentional, and they could be an indication of a serious accident. They can be caused by negligence or even abuse on behalf of a childcare provider. In Illinois, the Department of Children and Family Services (DCFS) issues licenses to daycare centers to make sure they meet a set of standards for care. When these standards are not met, parents may be entitled to a personal injury claim if their child suffered while in their care.

Negligent Actions Can Lead to Tragic Accidents

Most children who go to a daycare center are typically there for eight or more hours if their parents work full time. This means they may eat, drink, and nap at the facility. An appropriate number of adults to kids ratio must be met to ensure proper supervision. Unfortunately, inadequate staff or maintenance are a few of the reasons that many accidents occur at childcare facilities. In other instances, failure to perform a thorough background check on employees may mean staff members who are not trained or qualified to care for infants or toddlers.

A few of the leading causes of accidents and the resulting injuries that children can sustain while at a daycare facility include:

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IL injury lawyerNow that the weather is warmer and days are sunnier, more children and their caretakers are flocking to playgrounds. What should be a fun day outside, can turn into a disaster pretty quickly. According to the Centers for Disease Control and Prevention (CDC), there are more than 200,000 children who are treated for playground-related injuries at emergency departments each year. Of those 200,000 children, nearly half (46 percent) are treated for severe injuries, such as fractures, internal injuries, dislocations, and amputations. The CDC also states that around 75 percent of nonfatal playground injuries occur on public playgrounds, with most occurring at schools and daycare centers.

When your child is injured while in your care or the care of others, it can be an emotionally and financially stressful experience. Fortunately, there are things you can do to help recover some of the costs and damages associated with the injuries your child sustained.

Common Playground Hazards

There are many reasons why a playground could be unsafe and dangerous for children. Most of the time, a hazardous playground is one in which the responsible property owners do not keep up with the maintenance of the playground equipment. Some common examples of playground hazards that could cause injury include:

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IL defense lawyerWhen it comes to premises liability in Illinois, the duty of care that property owners owe those who are on their property changes in certain situations. The level of liability you have to an occupant on your property depends on whether or not the person was a trespasser on your property. If the person was lawfully on your property, you have the responsibility of exercising ordinary care to ensure the property is reasonably safe. If the person is a trespasser, you are only responsible for refraining from willful or wanton conduct. When it comes to a child trespasser, the rules are slightly different.

What is the “Attractive Nuisance” Doctrine?

When it comes to children trespassers, the laws pertaining to the property owner’s duty of care are slightly different. Rather than having strict liability, a property owner can be accused of negligence if they knew or should have reasonably known that there was a condition present on their property that posed a risk of injury to children. The reason why there is a difference in how adult and child trespassers are treated is that children often do not have the ability to recognize certain hazards or understand the consequences of their actions.

The property owner has the responsibility of anticipating that a child could trespass and become hurt because of a condition that existed on their property. The Illinois Civil Jury Instructions state that the degree to which the property owner will be held responsible depends on the risk of injury to the child relative to the cost or inconvenience to remedy the dangerous condition that was present on the property. If the cost or inconvenience to remedy the condition is minimal, the property owner has a duty to do so.

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