When Your Child Is Injured at Daycare: A Daycare Injury Lawyer Explains Your Rights

The Phone Call Every Parent Dreads

Your phone rings in the middle of the workday. You see the daycare’s number on the screen. Your heart stops.

For a moment, you hope it’s just a question about pickup time or a reminder about a field trip. But you know, deep down, that it could be the call every parent fears. “There’s been an accident.” In that instant, your world shrinks to a single, terrifying focus: your child.

Dropping your child off at daycare is a massive act of trust. You are trusting these caregivers with the most precious person in your life. You trust them to keep the facility safe, to pay attention, and to care for your child as if they were their own. When that trust is broken and your child is hurt because of carelessness, the feelings of betrayal, anger, and guilt can be overwhelming. You are left with a thousand questions, and the most important one is: How could this have been prevented?

If your family is living this nightmare, please know, you are not alone. Our team of Daycare Lawyers at The Child Injury Firm has been fighting for children and their families. We understand the pain and confusion you are feeling. We are here to help you get answers, find accountability, and ensure your child receives the resources they need to heal.

A Scraped Knee vs. Negligence: Understanding the Critical Difference

Let’s be clear about something right up front. Kids will be kids. They run, they climb, they fall. A scraped knee on the playground is a normal part of growing up. Not every injury that happens at a daycare is the result of negligence.

But there is a huge difference between a child having a simple accident and a child being injured because of a dangerous condition that should have been fixed.

• An accident is a child tripping over their own feet and scraping their knee on the pavement.
• Negligence is a child tripping over a broken, jagged piece of playground equipment that the daycare knew about but failed to repair, causing a deep gash that requires stitches.

The law understands this difference. A daycare is not expected to create a world with zero risks. But they are absolutely required by law to provide a reasonably safe environment and to supervise the children in their care with a certain level of competence. Legally, a daycare has a duty to keep children safe from preventable harm. When they fail in this fundamental duty and a child gets injured because of it, that is considered negligence. And that is when a family has the right to seek justice.

Cases We Handle

Our daycare injury lawyers can be of service if your child has been injured by:

• Failure to Supervise
• Safety Code Violations
• Caretaker Negligence
• Physical Abuse
• Emotional/Psychological Abuse
• Sexual Abuse
• Benadryl Abuse
• Improper Surfaces or Playground Equipment
• Slammed Doors and Drawers (Severed Fingers)
• Drownings
• Vehicular Hyperthermia (Left in Hot Vans/Buses)

What Are the Most Common (and Preventable) Types of Daycare Injuries?

While any type of injury can happen, in our decades of experience as Child Injury Lawyers, we’ve seen that most serious daycare injuries fall into a few common categories of negligence.

Falls from Unsafe (Hazardous) Environments and Poor Supervision

Falls are, by far, the most common cause of nonfatal injuries in children. But many of these are not simple tumbles.

• What it looks like: A child falling from an unsafe height on a playground, tripping over a hazard left in a hallway, falling down stairs that were not properly gated, or falling off a changing table because a caregiver was distracted.
• A “Less Talked About” Stat: We all know kids fall, but the severity is often underestimated. A study published in Pediatrics on injuries in childcare settings found that falls were the leading cause of injury, but a significant proportion of these were not minor. These falls are a leading reason for emergency room visits for children in daycare, often involving broken bones, concussions, and other serious head injuries.
• Where the Negligence Lies: Negligence often lies in the environment. Was the playground equipment age-appropriate and well-maintained? Did it have a soft, deep landing surface (like wood chips or rubber matting) as required by safety standards from organizations like the U.S. Consumer Product Safety Commission (CPSC)? Was a caregiver paying attention, or were they on their phone?

Choking, Ingestion, and Unsafe Toys

Young children explore the world with their mouths. A safe daycare environment is one in which choking hazards are rigorously eliminated.

• What it looks like: A child choking on a piece of food that was not appropriately cut for their age, or choking on a small toy or a piece of a broken toy. It also includes the ingestion of toxic substances, like cleaning supplies that were not locked away or paint chips in an older building.
• Where the Negligence Lies: This is almost always a failure of supervision and safety protocols. Were toys regularly inspected for broken parts? Were age-inappropriate toys kept away from younger children? Were all cleaning supplies and toxic materials kept in locked cabinets? Was food cut into small, safe pieces? A choking incident is rarely an “accident”; it’s often a sign that a fundamental safety rule was broken.

Injuries from Other Children (Failure to Supervise)

It’s normal for toddlers to sometimes hit or bite. But it is the daycare’s job to manage the environment to prevent these interactions from escalating into serious injuries.

• What it looks like: A child repeatedly bitten by the same aggressive child, a child who suffers a serious injury (like a broken bone or head injury) after being pushed or hit by another child, or bullying that is allowed to continue unchecked.
• A “Silent” Problem: Ratios. The single biggest factor in preventing these injuries is proper supervision, which depends on staff-to-child ratios. The American Academy of Pediatrics (AAP) has strict recommendations for these ratios (e.g., no more than 1 adult for every 3 infants). However, many states have less stringent legal minimums, and some daycares try to cut costs by stretching their staff too thin. When our firm investigates these cases, one of the first things we look at is whether the daycare was understaffed at the time of the injury.
• Where the Negligence Lies: The negligence is a “failure to supervise.” Did the daycare know about a particularly aggressive child and fail to create a safety plan? Were there enough caregivers in the room, and were they actually paying attention?

Abuse and Intentional Harm (The Unthinkable)

This is every parent’s worst nightmare. It is the most profound betrayal of trust imaginable.

• What it looks like: This includes any non-accidental injury, from a caregiver roughly grabbing or shaking a child, to more serious forms of physical or emotional abuse.
• Where the Negligence Lies: The individual who committed the act is responsible. But the daycare itself can also be held negligent for its own failures. Did they conduct a proper background check on the employee? Did they ignore previous complaints or warning signs about the caregiver? This is called “negligent hiring and retention,” and it is a critical part of holding the entire organization accountable for the harm they allowed to happen.

Hazardous (Improper) Surfaces or Equipment

A playground is only as safe as the ground beneath it. While children are expected to climb, swing, and occasionally fall, a daycare is legally responsible for ensuring that a fall doesn’t result in a catastrophic injury. Safety standards from the U.S. Consumer Product Safety Commission (CPSC) are incredibly clear on this point, mandating specific types and depths of ground cover—like wood chips, sand, or rubber matting—in the “fall zone” around equipment. A little-known fact is that for equipment 8 feet high, the CPSC recommends at least 12 inches of double-shredded bark mulch to absorb the impact of a fall.

Where the Negligence Lies: Negligence is present when a daycare fails to install and, just as importantly, maintain this protective surfacing. We often see cases where the surfacing has become compacted, worn thin, or displaced, leaving hard-packed dirt exposed. The negligence also lies in the equipment itself—failing to inspect for and repair broken parts, rusted metal, or splintered wood that can cause severe lacerations, impalement, or other traumatic injuries. This failure turns a normal childhood tumble into a trip to the emergency room.

Daycare Negligence: Finger Crush Injuries from Doors & Furniture

To a curious toddler, the world is something to be explored with small, inquisitive hands. Heavy doors, office file cabinets, and unlocked drawers represent an irresistible opportunity. Unfortunately, they also represent a significant hazard for severe crush injuries. Each year, thousands of children suffer devastating injuries, including finger amputations, from having their hands caught in the hinge side of a door or in a closing drawer. Such incidents are frequently a direct result of caregiver inattention, where a door or drawer is shut forcefully without a thought for the small children playing nearby.  These injuries often happen in an instant, sometimes when a caregiver, distracted or in a hurry, carelessly slams a door or drawer without checking for tiny fingers. It’s a common and horrific injury that is almost always preventable with basic safety measures.

Where the Negligence Lies: This type of injury is a clear sign that a daycare has failed to implement fundamental childproofing; the standard for any facility caring for young children requires the use of simple, inexpensive safety devices. This includes installing hinge-protectors and door stoppers on heavy doors and placing safety latches on all accessible drawers and cabinets. The failure to use these common-sense devices demonstrates a conscious disregard for a well-known and foreseeable danger to the children in their care.

Fatal Heatstroke: The Preventable Tragedy of Vehicular Hyperthermia in Daycare Vehicles

There is no more tragic or preventable daycare injury than a child being forgotten in a hot van or bus. These incidents are not “accidents”; they are catastrophic failures of the most basic safety procedures. When a child is left in a vehicle, their body temperature can rise three to five times faster than an adult’s, quickly overwhelming their undeveloped ability to cool down. This devastating condition is known as pediatric vehicular hyperthermia, or heatstroke.

The science behind these tragedies is terrifyingly simple. A car’s interior acts like a greenhouse, with sunlight pouring through the windows and heating the enclosed space at an alarming rate. According to the National Safety Council (NSC), a vehicle’s temperature can soar by nearly 20 degrees in just the first 10 minutes. Even on a seemingly mild 70-degree day, the temperature inside a parked car can reach over 110 degrees in less than an hour. For a small child, often strapped into a heat-absorbing car seat, this rapid temperature increase is a death sentence. It can quickly cause permanent brain damage, catastrophic organ failure, and death with a speed that many people find hard to comprehend.

Where the Negligence Lies: A Systemic Breakdown

A child being left in a daycare vehicle is never the result of a single, simple mistake. It is always the result of a complete and systemic breakdown of mandatory safety protocols. In the eyes of the law, the negligence is absolute because these tragedies are 100% preventable. A professional childcare provider has a duty to implement and enforce multiple, redundant layers of protection to ensure this “never event” does not happen.

The negligence in these cases often includes a combination of the following failures:

• Failure of a Redundant Headcount System: A competent daycare does not rely on one person’s memory. They use a strict system of roll calls and checklists, where a driver counts the children as they get on the vehicle, and a different staff member counts them again as they enter the building, cross-referencing the lists to ensure every child is accounted for.
• Failure to Conduct a Physical Sweep: There must be a mandatory, “look before you lock” policy. This requires the driver to physically walk to the back of the vehicle after every trip and visually inspect every seat and the floor underneath to ensure no child has been left behind, especially a sleeping toddler.
• Failure to Use Available Safety Technology: In the modern era, many daycare vehicles are equipped with safety alarms that require the driver to press a button at the back of the bus before they can lock the doors, forcing them to perform a sweep. A daycare’s failure to install or use this widely available, life-saving technology can be a clear sign of negligence.
• Failure of Communication Protocols: If a child is expected at the daycare but does not get off the van, there must be an immediate procedure to contact the parents. A failure to make that simple phone call is another layer of negligence that can seal a child’s fate.

There is no excuse for a professional childcare provider to lack these fundamental, life-saving systems. When a child dies from hyperthermia in a daycare van, it is a profound betrayal of trust and a clear case of negligence.

Uncovering the Truth: How We Prove Daycare Negligence

When you come to our daycare negligence lawyers after your child has been hurt, you have a lot of questions. The daycare’s story might be vague or it might not add up. Our job is to pull back the curtain and find out what really happened. Proving daycare negligence is a deep, investigative process.

• We Demand the Records: We immediately get all incident reports, internal communications, and video surveillance footage from the daycare.
• We Investigate Their History: One of the most powerful tools our daycare lawyers use is the state’s own records. We will conduct a thorough search of your state’s daycare licensing and inspection reports. These public records can reveal a history of past violations, safety citations, or complaints against the facility. This can establish a pattern of negligence.
• We Interview Witnesses: Our Daycare Lawyers speak to you and any other parents who may have information. We also work to identify and speak with former employees who are no longer afraid of losing their jobs and can speak freely about the daycare’s safety practices (or lack thereof).
• We Consult with Experts: We work with leading experts in child safety and daycare administration to determine the “standard of care” and how the facility failed to meet it.

This is how we build an unshakeable case based on facts, not just suspicions.

Who Can Be Held Responsible for My Child’s Injury?

In a daycare injury case, there can be multiple responsible parties.

• The Individual Caregiver: The employee who directly caused the harm or failed to provide proper supervision can be held liable.
• The Daycare Owner or Corporation: The business itself is almost always responsible for its employees’ actions. They can also be held directly liable for their own negligence, such as failing to maintain a safe facility or for negligent hiring.
• A Third Party: In some cases, another party can be at fault. For example, if an injury was caused by a piece of defective playground equipment, the manufacturer of that equipment could be held liable in a product liability claim.

The job of our Daycare Injury Lawyers is to identify every single party that contributed to your child’s injury and hold them all accountable.

Why our Experienced Child Injury Firm is Your Child’s Strongest Voice

A child who has been injured at daycare may not always be able to tell you what happened. They can’t describe the unsafe condition or the caregiver’s inattention. They can’t testify in a courtroom. They need someone to be their voice.

That is our mission at The Child Injury Firm. Our decades of experience are focused on one thing: fighting for injured children.

• We are your child’s investigators. We know how to dig deep to find the evidence needed to tell your child’s story.
• We are your child’s advocates. We assemble a team of the nation’s best medical and child safety experts to explain, in clear and powerful terms, how the injury happened and what your child will need to recover.
• We are your child’s financial protectors. We have the resources to take on the big insurance companies that defend these daycare centers. We work on a contingency fee basis, meaning you pay nothing unless we win, so your family takes on no financial risk.

Our entire practice is built around our ability to be a powerful, effective voice for those who cannot speak for themselves. 

Key Takeaways for a Daycare Injury Claim

• There is a difference between an accident and negligence. A daycare isn’t liable for every scraped knee, but they are liable for injuries caused by their failure to provide a reasonably safe environment and proper supervision.
• Most serious injuries are preventable. Falls, choking, and injuries from other children are often the result of a daycare’s failure to follow basic safety protocols.
• The daycare’s history matters. Past violations and complaints filed with the state can be powerful evidence of a pattern of negligence.
• You must act quickly. Acting quickly after a daycare injury is crucial because immediate legal action helps preserve vital, perishable evidence, such as video footage and witness memories, before they are erased or fade over time. Furthermore, every state has a strict legal deadline, known as the statute of limitations, and failing to file a claim within that window can permanently extinguish your family’s right to seek justice.
• Your child needs a powerful voice. Our experienced child injury law firm knows how to investigate these sensitive cases and fight to secure the resources your child needs for their future.

Nationwide Resources for Families After a Daycare Injury

After your child has been injured at a daycare, navigating the path forward can feel isolating and overwhelming. Please know that you are not alone. Several national organizations are dedicated to child safety and provide invaluable information and support for families. While our firm handles the legal aspects, these groups can offer crucial knowledge and a sense of community.

Here are some of the top nationwide resources that can help:

• Safe Kids Worldwide. This leading non-profit is dedicated to preventing childhood injuries. Their website is an excellent resource for understanding the official safety standards for things like playgrounds, furniture, and toys, which can help you determine if a daycare is providing a safe environment.

• Kids and Car Safety If your child’s injury was related to transportation—including being left in a daycare van, a parking lot accident, or any other vehicle-related incident—this is a vital organization. They are a national leader in preventing vehicle-related injuries and provide advocacy and support for affected families.

• National Association for the Education of Young Children (NAEYC) NAEYC sets the “gold standard” for what a high-quality, safe childcare center should be. Their family resources section provides crucial information on best practices for supervision, staff-to-child ratios, and creating safe learning environments. This can help you understand the “standard of care” your daycare should have been providing.

• U.S. Consumer Product Safety Commission (CPSC) The CPSC is the federal agency in charge of protecting the public from dangerous products. Their website is a critical tool for researching whether a toy, crib, or piece of playground equipment that caused your child’s injury has been recalled or has a known history of causing harm.

• Child Care Aware® of America This organization is a leading voice for quality childcare in the nation. Their website offers a wealth of information for parents on how to identify a safe daycare and understand what quality care looks like. They also provide a network to connect with local childcare resource agencies.

Common Questions Parents Ask About Daycare Injuries

1. The daycare wants me to sign an incident report. Should I sign it? You should be very careful. Read the report and make sure it is 100% accurate. If there is anything you disagree with, do not sign it. Often, these reports are written to protect the daycare, not to document the truth. You can request a copy of the report, but you are not obligated to sign anything, especially if you feel pressured. The best first step is to consult with our daycare injury lawyers before signing any documents.
2. What if my child was injured by another child at the daycare? Can we still hold the daycare responsible? Yes, absolutely. This is a classic “failure to supervise” case. While a toddler can’t be held legally negligent, the daycare can be. Their job is to provide enough trained staff to monitor all the children safely. If they knew about a child’s aggressive behavior and failed to address it, or if they were simply understaffed, they can be held liable for the injuries that result.
3. The daycare has insurance. Won’t their insurance company just cover our medical bills? The daycare’s insurance company is not on your side. Their goal is to pay as little as possible, as quickly as possible. They might offer to pay for your immediate medical bills in exchange for you signing a release, which gives up your right to any future claims. This is often a terrible mistake, as the full extent of a child’s injury (especially a head injury) may not be known for months or even years. A full legal claim is designed to cover not just current bills, but all future medical care, pain and suffering, and any long-term needs your child may have.
4. How can we prove what happened if there were no cameras in the room? While video is helpful, it is not required. Our team of Child Injury Lawyers build a case using a range of other evidence. This includes the daycare’s own incident report, the medical records from the emergency room, the testimony of our child safety experts, and by interviewing other parents and, most importantly, former employees who are no longer afraid of being fired and can speak the truth.
5. We really like the daycare and the other teachers. We don’t want to get them ‘in trouble.’ What should we do? This is a very common and understandable feeling. It’s important to remember that a personal injury claim is not about getting an individual teacher “in trouble.” It is a claim made against the daycare’s insurance policy. The purpose of the claim is to ensure that your child gets the absolute best medical care and resources they need to recover. It is about protecting your child’s future, and it is a right you are entitled to under the law.