Can I Sue a Daycare For My Child's Allergic Reaction?

 Posted on February 27, 2023 in Personal Injury Lawsuits

For many people, allergies are a matter of life and death. Severe allergic reactions can be extremely dangerous - especially for small children. Daycares, nurseries, after-school programs, and other childcare facilities have a legal duty to protect children from harm, including potential allergic reactions.

If your child was injured because of an allergic reaction at daycare, you may be able to pursue legal action against the daycare. You may be able to get justice for your child as well as financial compensation for expenses such as medical bills.

When is a Daycare Legally Responsible for an Allergic Reaction?

In most cases, a daycare can be held liable for an allergic reaction if there is proof that the facility was negligent. This means that the daycare should have known about your child's allergy and taken reasonable steps to ensure that the potential for an allergic reaction did not exist. Some examples of negligence can include:

• Failing to properly identify and document allergies

• Failing to supervise children or recognize signs of an allergic reaction

• Not ensuring that all staff members are aware of allergies and how to manage them

• Not taking precautions such as eliminating or reducing allergenic foods in the facility, or using separate utensils for those with food allergies

• Failing to provide appropriate medical treatment when an allergic reaction occurs

The Americans with Disabilities Act (ADA) was modified in 2008 to include protections for children suffering from food allergies. This means that childcare facilities are legally required to provide accommodations and reasonable safety measures for children with food allergies. This means that daycares have an even greater responsibility to ensure the safety of children with food allergies.

Damages That May Be Available Through a Personal Injury or Wrongful Death Claim

When a child with severe allergies is exposed to an allergen, he or she may suffer from anaphylaxis. This life-threatening condition requires immediate emergency medical treatment. Some children with severe allergies carry an epinephrine shot which can be used to stop anaphylaxis, but not all daycare facilities may be aware of this or provide the medication.

Parents may be able to file a claim against the daycare facility to hold the facility responsible for the harm caused to their child. Financial compensation may be available for hospital bills, pain and suffering, and other damages. If the child passed away because of the allergic reaction, no amount of money can make up for this horrible tragedy. However, monetary damages may be available for medical expenses, funeral and burial expenses, your child's pain and suffering, loss of companionship, and other losses.

Contact a Waukegan Child Injury Lawyer

Our Lake County personal injury lawyers are commited to holding negligent daycare facilities accountable for harm caused to children. Call our office for a free consultation to learn more about how we can help you at 847-662-3303.

Source:

https://aafa.org/asthma/living-with-asthma/asthma-allergies-and-the-american-with-disabilities-act