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Caretaker Negligence

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Parents cannot always be with their children, whether that is due to work or other obligations, which often necessitates the use of a caretaker for your child. This person is someone you trust to provide a safe environment and appropriate care for your son or daughter while you can’t be there to do so. Unfortunately, some caretakers are negligent in their actions, causing your child to be injured, or worse. If the caretaker for your child does not provide proper care and your child is injured physically or psychologically, you may have a legal claim against that person and/or their employer for caretaker negligence.

If your child has been injured in an accident, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

Negligence Is Not Always A Violent Act

Most parents would assume that only a violent act, such as hitting a child or another form of physical abuse, would amount to caretaker negligence. While this type of abuse would be considered negligence, it is not the only way a caretaker could be found negligent. A caretaker has a duty to provide reasonable care to the children they are caring for which includes keeping the children safe, and providing for their physical, psychological, and emotional needs.

A breach of this duty to provide reasonable care can take on many forms and can be due to the actions, or inactions, of a caretaker, as well as actions or inactions not directly related to the children they are caring for, such as allowing access to dangerous toys or other objects, unsafe outdoor areas, or even the building where they are providing the caretaking services. 

As a parent, it is important to recognize the signs that your child’s caretaker is not providing the appropriate care your child deserves and is legally entitled to. These signs can include:

  • There are not enough caretakers present. 

Illinois law requires that there is an appropriate ratio of caretakers to children present in both at-home care options and daycare facilities. The law states that there should be one adult for every four infants (up to 12 infants), one adult for every five toddlers (up to 15 toddlers), and one adult for every eight two-year olds (up to 16 children). If you notice that there are too few caretakers present, the children may not be receiving proper care. 

  • Dangerous items are within reach of children.

Small objects, toxic chemicals, medications, broken toys, or any other item that can harm a child should be kept out of reach of children or locked up to prevent accidental ingestion. Choking injuries and poisoning can lead to long-term complications or death.

  • There are unsafe conditions in areas children have access to.

Broken furniture, glass, or appliances, old or neglected playground equipment, sharp edges, open fireplaces, and anything else that may be damaged or dangerous should never be in areas where children are spending their time. If a caretaker allows children access to these items or areas, they could be found negligent. 

  • Your child comes home with mysterious marks, scratches, or other injuries. 

Children are naturally clumsy and will get minor injuries even when properly supervised. However, if your child comes home with bruising or other injuries often or in odd places, such as around their wrists, upper arms, bottom, abdomen, or shoulders this can be a sign of abuse. 

  • Your child is hungry and/or thirsty after coming home from the caretaker. 

If your child comes home from their caretaker and they are extremely hungry or thirsty, or they start losing weight, it can be a sign that they are not being provided with food or fluids while in the care of the person you trust.

  • Your child is becoming withdrawn.

If you notice that your child is becoming “different” and withdrawn suddenly, they may be suffering abuse at the hands of their caretaker. Emotional and physical abuse and neglect can have long lasting consequences on the psychological health of a child. 

If you suspect that your child’s caretaker is acting negligently it is important to remove your child from their care immediately and contact an experienced personal injury lawyer to discuss your case and determine what steps should be taken next. 

We at Mike Agruss Law are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.

We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal.

Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google.  Call 888-572-0176, e-mail us at [email protected], or schedule meeting with us here. We’re here 24/7.

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