Accidents at Long Island Daycare and Preschool: Is it Criminal or Negligence?

When you send your very little ones to a day care center or pre- school do you really know if they are in good hands? A toddler died while at the Carousel Day School in Hicksville when she choked on a carrot that she found in one of the teacher’s bags. The owner and director face reckless assault and other charges. Is it fair? Is this just a horrible accident? Can it be considered criminal?

Accidents and Injuries at Day Care and Preschool

The law has very strict standards when it comes to criminal acts. A case can only be won when it is beyond a reasonable doubt. In other words, you have to be certain that that the person is guilty of the crime charged. When you sue for compensation for a criminal act in a civil case, the burden of proof is much broader. In order to prove liability or responsibility, you need to show that the person by a fair preponderance of the evidence is responsible.Sometimes a person can be liable or responsible for another person’s death in a civil action but not in a criminal action.

How to Keep Your Child Safer in Daycare

It can definitely be scary to send your very young child to daycare or preschool. You are putting your trust in others to care for your most prized possession. Here are some ways to help ensure your child is in the best care possible:

1. Always check out daycare/preschool facilities first hand by visiting the premises
2. Speak to the owner and  ask to see their current license (they must have one in order to operate)
3. Also ask to see their insurance certificate (this will let you know if they are covered in case of an accident)
4. Take a picture of the premises. In the event something occurs, you can use it for a reference.
5. Visit the school or daycare facilities while there are children present so you can see the interactions and relationships
6. Talk to the other parents of children that go there
7. Check out the local Better Business Bureau
8. Ask the school if they have any claims against them for injuries (you can’t always determine if that means they are not a good school, but it may be a red flag)

Have Questions about an Injury Your Child Suffered at Daycare or Preschool?

Was your child injured at daycare? If you have concerns or want to find out if you have a case, give us a call and let us help. Contact us for a free consultation. Our accident lawyers will answer all your questions, discuss your legal options and determine your best course of action. There is never a fee or obligation. Our expert lawyers have more than 25 years of winning cases like this, and we can help ensure you get the maximum compensation you deserve.