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Premises Liability

Arkansas Daycare Injury Lawyers

Dedicated to helping injured individuals get the justice they deserve since 1992

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Daycare Accidents & Injuries

As a parent, you entrust your child’s daycare with his or her safety and well-being every day. Unfortunately, some daycare facilities break this trust. When daycare workers are negligent, careless, or act wrongfully, innocent children suffer the consequences.

At Caddell Reynolds Law Firm, our Arkansas daycare injury lawyers understand how devastating it is to realize that your child has suffered harm at the hands of a trusted caregiver. We also understand your need for justice, which is why our team provides aggressive legal representation on behalf of injured children and their parents. With over 100 years of combined experience, we are ready to stand up for you and your child as we fight to hold the daycare worker, facility, or another liable party accountable.

If your child was injured while in the care of a daycare or similar facility, contact us online or call our office at 800-671-4100 today to request a free, confidential consultation.

Common Daycare Accidents & Injuries

For a parent, there is nothing worse than when their child is injured. While it is impossible to protect a child from every accident, childcare facilities and workers should take reasonable steps to prevent children from being harmed. Unfortunately, this does not always happen.

Below are some examples of relatively common daycare accidents:

  • Falls, including falls from playground equipment or falls while running
  • Being hit by falling or thrown objects
  • Fights between children, including biting and hitting
  • Accidental strangulation, suffocation, or poisoning
  • Choking, including choking on food or toys
  • Allergic reactions

Less common, but still prevalent, are incidents involving intentional harm and misconduct toward children. Such cases might involve physical or verbal abuse, shaken baby syndrome, child sexual abuse, or mistreatment of children as a form of punishment.

While most daycare injuries are minor, some children suffer serious injuries while under the supervision of childcare centers. Common daycare injuries include:

Sadly, many child injuries can have long-lasting or even permanent effects. Children may need extensive medical attention and ongoing care, and many will suffer both physical pain and emotional distress due to the accident.

How Do Daycare Accidents Happen?

While some accidents—such as a child tripping on the playground or being hit by another child—are difficult for childcare workers to prevent, many daycare accidents are the result of negligence. Daycare workers are held to a high standard of care—they are required to always keep a watchful eye on children in their care, ensure their safety, and follow applicable regulations designed to keep children safe. When they fail to uphold this duty of care, it can result in devastating accidents.

In some cases, a daycare worker and the facility itself can be held legally liable. This might be the case if the facility was negligent in its hiring or supervision practices, or if it failed to properly investigate or report allegations of misconduct or sexual abuse.

Suing a Daycare for Negligence

You may be able to sue a daycare for negligence if you can prove that a childcare worker was careless or acted wrongfully. However, many daycare centers require parents and/or guardians to sign waivers that limit or release the facility from liability in certain circumstances. Often, these forms have what is known as an “indemnity” or “liability” clause. This clause typically states that the facility is not responsible for harm the child suffers while under the supervision or care of the center.

However, legal precedent has shown repeatedly that such clauses are neither appropriate nor enforceable. Often, daycare centers include indemnity clauses not because they believe they can truly escape liability but to deter parents from filing lawsuits or seeking compensation on behalf of their children.

In other words, you could still have legal grounds to bring a lawsuit against a negligent daycare center or facility even if you signed a waiver or release form. Our Arkansas daycare injury lawyers can help you understand your rights as a parent, as well as the rights of your child to receive compensation. We are prepared to aggressively advocate for you and fight for the maximum compensation your child deserves.

Request a Free Consultation Today

If you have recently learned that your child was injured due to the negligence of a daycare worker or center, you may be feeling overwhelmed and uncertain of what to do next. We encourage you to reach out to our firm to speak to one of our caring, knowledgeable staff members. Our staff can help you determine if you have grounds for a case and can set up a free initial consultation with one of our experienced attorneys. We are available to take your call 24 hours a day, 7 days a week and offer legal services in Spanish (hablamos español).

Get in touch with us today at 800-671-4100 or submit an online contact form to get started today.

Premises Liability: Frequently Asked Questions

The property had a warning sign posted. Does that mean I can't file a claim?

Not necessarily. A warning sign can be one factor in evaluating how a property owner responded to a known hazard, but its presence does not automatically shield them from liability. To be effective, a warning must be visible, clearly worded, and adequately placed to actually alert visitors to the specific danger. If a hazard was allowed to persist for an unreasonable period of time, or if a sign was placed in a way that a reasonable visitor would not notice it, the property owner may still be liable for resulting injuries.

I was hurt at my apartment complex. Can I sue my landlord?

Potentially, yes. Landlords and property management companies have a duty to maintain common areas—hallways, stairwells, parking lots, exterior walkways, and lobbies—in a reasonably safe condition. If you were injured due to a known or foreseeable hazard in a common area that the landlord failed to address within a reasonable time, you may have a viable premises liability claim. The nature of the hazard, who was responsible for maintaining that area under your lease, and whether the landlord had notice of the dangerous condition are among the factors an attorney will evaluate.

Are wrongful death settlements taxable?

Under the Internal Revenue Code, damages received on account of physical injuries or physical sickness—including the death of a family member—are generally excluded from taxable income. This means that the core components of most wrongful death verdicts and settlements, including compensation for medical expenses, funeral costs, lost income, loss of companionship, and pain and suffering, are typically tax-free.

There are, however, important exceptions to be aware of. Punitive damages are generally considered taxable income under federal law. If your settlement or verdict includes a punitive damages component, that portion may be subject to taxation. If your settlement accrues interest between the time of the award and the time of payment, that interest is typically taxable as well.

Tax law is complex, and the specific tax treatment of your financial recovery will depend on its structure and the nature of the damages awarded. We strongly recommend consulting with a tax professional once your case is resolved to understand your obligations and plan accordingly. Our Arkansas wrongful death lawyers can help connect you with the right resources.

Can I bring a premises liability claim if I was hurt while working on someone else's property?

Yes, in some circumstances. While workers' compensation typically covers workplace injuries, it is not always the only remedy available. If a dangerous condition on a third party's property—property you were working on, not your employer's own premises—contributed to your injury, you may be able to pursue a premises liability claim against that property owner in addition to a workers' compensation claim through your employer. These cases can be complex, and the interaction between workers' compensation and third-party premises liability claims involves important strategic considerations. Our attorneys can evaluate your specific situation and explain all available avenues for recovery.

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testimonials

What Our Clients Say

We are grateful for the trust our clients have placed in us over the years.

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— Bruce

— Bruce

I was in an accident that sent my wife and I to the hospital. Our car was also totaled. We asked for help from Caddell Reynolds Law Firm. We worked with Kirby and Jessica and are so very happy and grateful for all of their hard work. We were compensated appropriately in a very timely manor. Thank you Kirby and Jessica.

— Russell

— Russell

Caddell Reynolds is currently representing my wife and I in the Ft. Smith office. I really like the direction that we are going in. Bill and his staff have been very helpful and knowledgeable as to the needs of the case and I would like to thank them for their efforts.

— Josh

— Josh

I was in a car accident last November and Kirby McDonald was there for me. After handling my wife’s car accident and taking care of her, I was very thankful that he took my case as well. Anytime I had questions he would answer promptly and he worked fast. I highly recommend!! Thank you Kirby, from my wife and I.

— Vessie

— Vessie

I would like to thank Mr. Joel Hargis for all his hard work and dedication to my case. Also Ms. Judy Gwatney for assisting him as well. If you are looking for a capable Bankruptcy Lawyer, Mr. Hargis is the person you are looking for. Caddell Reynolds Law Firm has very capable Lawyers, so look them up for all your needs.

— Preston

— Preston

Mr. Caddell is very professional and straight up guy. If anybody ever needs a lawyer for disability, I recommend Reynolds Law Firm all the way. Very simple if you win you win but if you lose nothing is owed. 20% isn't much compared to the rest of your life. Thank y'all so much for accepting to represent me.

— Teofila

— Teofila

I really love the place where Mr Blake is located in Caddell Reynold Law Firm. They were very honest very nice and very understanding. I recommend anyone that needs help with Social Security. You won’t regret it believe me. I know he has helped me and I really appreciate him.

— Ben

— Ben

I was so happy that we used Caddell Reynolds for our bankruptcy. A special thank you to Judy Gwatney for all of her help and support. She is very knowledgeable and was very easy to work with! Judy made something kind of scary very calming to us. Caddell Reynolds puts the client at ease and as I said before, Judy was an absolute pleasure to work with!

— Laura

— Laura

Meagan helped me find Ray who helped me deal with my situation. They especially helped me where I couldn’t help myself. They helped me find proper medical support and spoke up for me as a client. Every time I called to check in Meagan was always very personable and helpful to get me the answers I needed. I don’t know where I’d be without them!

— Clinton

— Clinton

Thank you, Kirby McDonald and Jessica Whorton. With the settlement you secured from my injury, I was able to purchase the first decent vehicle I've owned since the accident. Great job I highly recommend Kirby and Jessica. Thank you again.

— Livemas1996

— Livemas1996

This law firm worked hard over the course of two years to make sure I was properly taken care of after a truck slammed into me.  I am now back to full health and they fought for a fair settlement. Thank you!

— Misty

— Misty

Blake ray and Austin have been amazing and handled everything with my disability/Social Security case .He made everything so easy and easy to understand. And he won my case for me in a short amount of time. I would 100% recommend Blake/ray for an attorney and his associates. Thank you so much for doing a great job!

— Angie

— Angie

I received my bankruptcy discharge today and I'd like to say, Emily and Pati were amazing throughout the process. They explained the processes and expectations clearly and was always available to answer any questions that I had. I highly recommend Caddell Reynolds Law Firm to anyone considering bankruptcy. They are the BEST in NWA.

— Brooka

— Brooka

My husband suffered a debilitating and life-altering injury at a relatively young age and became unable to work. Having to adjust to this was already overwhelming, so we reached out to Fred Caddell for assistance in applying for disability benefits. He and his office staff were extremely helpful and positive throughout the entire process, especially through the appeal.

— Greg

— Greg

We would just like to say that my wife and I were in a very unfortunate situation that was an emergency. Joel and Nita went above and beyond to help us out of that emergency situation and made the experience for us a very comforting and seamless one as well as stress free. Everything went through without any complications and in a very timely fashion.

— Karen

— Karen

Great experience, kept me updated and informed about everything concerning my bankruptcy. Made the experience easy in a difficult time in my life.

— Barbara

— Barbara

I am very happy with how they have handled my case and today officially is the day it got closed! They dealt with some stubborn collectors, but ended up getting me money that was taken from me So I was so very thankful for that. They helped me maintain a payment plan that suited our needs financially and made it possible for us to continue paying this bankruptcy, and that meant a lot.

— Gabriela

— Gabriela

A year ago, my parents were in a car accident in Dallas. It was a horrible and very stressful situation for us. Fortunately, we found Kirby McDonald at the Caddell Reynolds law firm. He came to our house for the initial consultation because it was difficult for my mom to leave the house due to the accident. It took so much stress off our shoulders to know that there was someone advocating for us.

— Shelley

— Shelley

My husband has Parkinson’s and has been steadily getting worse. Abby took his case for disability. She is very through, reliable and trustworthy in handling your case. Abby is awesome!!!!!!

— Danietta

— Danietta

I highly recommended Judy and Rusty they have the best customer service and they explained everything that made me have a better understanding of filing a bankruptcy.

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