Suing a Daycare for Negligence: Step-By-Step Guide

Holding a Negligent Daycare Center Responsible

When the daycare facility or daycare provider fails to provide adequate standards of care, the injured child’s guardians or parents may seek a personal injury claim to hold the daycare center providers accountable for their negligence.

Proving the negligence of daycare providers and daycare centers is a critical aspect of the lawsuit.

Without sufficient evidence, the judge or jury could dismiss the case.

The following elements prove the existence of negligence in a case:

1. Duty of Care: The daycare center had a legal obligation to provide a safe environment and adequately care for the child.
2. Breach of Duty: The daycare center failed to meet its duty of care, either through action (e.g., improper supervision) or inaction (e.g., ignoring safety hazards).
3. Causation: The breach of duty directly caused the child’s injury.
4. Damages: The injury resulted in actual harm, such as medical expenses, pain and suffering, or emotional distress.

What To Do After a Daycare Injury

If your child is injured at a daycare, here’s what you can do to prove negligence and hold the liable employee or facility accountable for their errors.

Steps to do after a daycare injury includes:

• Seek Medical Attention: Ensure the child receives immediate medical care for their injuries. Obtain detailed medical records to document the extent of the injury.
• Document the Incident: Assemble evidence, such as pictures of the injury and the scene, witness reports, and any correspondence with the daycare staff.
• Report the Injury: Inform the daycare center about the incident and make sure it’s documented in their records. Some states require formal incident reports for daycare facilities.
• Consult an Attorney: It is advisable to consult a personal injury attorney specializing in daycare injury cases to understand your legal options and the next steps.

Most daycare centers have liability insurance that covers accidents and injuries on their premises.

The insurance company may try to offer a quick settlement, but it’s essential to consult with an attorney before accepting any offer to ensure it adequately compensates for all damages.

Common Signs of Daycare Abuse

The signs of daycare negligence and abuse are not always similar.

Daycare abuse or negligence has severe consequences for a child’s well-being, and identifying the signs early on is essential for timely action.

Common signs of daycare abuse include:

• Unexplained injuries
• Changes in behavior
• Poor supervision
• Hazardous play areas
• Inadequate staffing or training

Unexplained Injuries

Frequent injuries that don’t have a clear explanation or that the daycare staff cannot adequately explain could indicate a lack of supervision or intentional harm.

Severe injuries like fractures or sprains without a reasonable cause could also be a sign of physical abuse or serious neglect in monitoring the children.

Any unusual or patterned injuries, such as burns or bite marks, should be taken seriously and investigated immediately.

These injuries could also indicate bullying in the facility.

Changes in Behavior

If a child suddenly becomes afraid of going to daycare or exhibits extreme anxiety when discussing their time there, it could be a sign of something amiss.

Behavioral changes like becoming aggressive, overly quiet, or withdrawn may indicate that the child is dealing with stress or trauma possibly related to daycare.

Signs of developmental regression, such as bedwetting, thumb-sucking, or fear of the dark, could signal emotional distress.

These regression symptoms often stem from physical abuse or neglect.

Poor Supervision

If a child regularly complains about fights or bullying at daycare, it may indicate that the staff is not adequately supervising the children.

Observing children left unattended or wandering around the facility unsupervised is a red flag that the daycare is not providing the level of care required.

When daycare employees fail to notice or respond quickly, it suggests a lack of vigilance and proper attention to the children’s safety.

Hazardous Play Areas

Play areas with broken, outdated, or unsafe equipment increase the risk of injuries and show a lack of commitment to maintaining a secure environment for the children.

The absence of necessary safety measures, such as cushioned surfaces around playgrounds, secure gates, and restricted access to dangerous areas, can indicate negligence.

Inadequate Staffing or Training

Frequent changes in staff members can disrupt the consistency of care and indicate underlying issues within the daycare’s management.

If you notice that the facility is always busy and its employees are running around doing multiple tasks at once, it’s a clear sign of understaffing.

An understaffed daycare center increases the risk of neglect-related accidents or incidents.

How To File a Daycare Injury Lawsuit

The process of a daycare injury lawsuit involves several critical steps to hold the daycare center accountable for negligence or abuse that resulted in a child’s injury.

Understanding the stages of the legal process can help parents or guardians navigate their options effectively.

Steps to filing a daycare injury lawsuit includes:

• Report the injury
• Seek immediate medical attention
• Gather crucial evidence
• Consult an attorney
• Initiate legal proceedings
• Settlement negotiations
• Trial

Report the Injury

The first step is to report the injury to the daycare center as soon as it happens.

Request that they create a written incident report detailing the circumstances of the injury, who was present, and how it was handled.

In some states, it may be necessary to file a complaint with the local child care licensing agency or child protective services, especially if you suspect that the injury resulted from abuse or serious neglect.

Keep a record of all communications with the daycare center regarding the injury, including emails, letters, and conversations.

This documentation will be valuable in building your case.

Seek Immediate Medical Attention

Make sure your child receives prompt medical care for their injuries. Keep all medical records, doctor’s notes, and receipts, as these documents will be crucial in proving the extent and cause of the injury.

A detailed medical evaluation can help establish a clear link between the injury and any negligence or unsafe conditions at the daycare center.

Gather Crucial Evidence

Collecting strong evidence is vital to supporting your claim that the daycare’s negligence caused your child’s injury.

Crucial types of evidence include:

• Photographs and Videos: Take pictures or videos of the child’s injuries, as well as any unsafe conditions or hazards at the daycare that may have contributed to the incident.
• Witness Statements: Obtain statements from staff members, other parents, or anyone else who witnessed the injury or has relevant information about the daycare’s environment and practices.
• Daycare Policies and Procedures: Review the daycare’s policies, procedures, and staff training manuals to identify any violations or gaps in safety protocols.
• Inspection Reports: Obtain records from state or local childcare inspections to see if the daycare has a history of violations or complaints related to safety and supervision.

Consult an Attorney

Contact a personal injury attorney who specializes in daycare injury cases.

This expert can assess the facts of your case, help determine whether the daycare was negligent, and advise on the best course of action.

Your attorney will develop a legal strategy tailored to your specific case, which may involve negotiations with the daycare’s insurance company or filing a formal lawsuit.

Initiate Legal Proceedings

If your attorney determines that the daycare was negligent and negotiations do not lead to a fair settlement, they may proceed with filing a lawsuit.

Your attorney will draft and file a formal complaint in the appropriate court.

This document outlines your claims against the daycare center, detailing how their negligence caused your child’s injury and the financial compensation you are seeking.

Settlement Negotiations

Before the case goes to trial, there are opportunities for settlement negotiations.

The daycare’s insurance company may offer a settlement to avoid the cost and uncertainty of a trial.

Your attorney will help you evaluate any settlement offers to determine if they adequately cover medical expenses, pain and suffering, lost wages, and other damages.

If the offer is fair, you may choose to settle out of court.

Trial

If the case does not settle during negotiations or mediation, it will proceed to trial.

During the trial, both sides will present their evidence, call witnesses, and make arguments to support their positions.

Your attorney will aim to prove that the daycare center’s negligence directly caused your child’s injury.

After reviewing all the evidence, the judge or jury will deliver a verdict.

If they rule in your favor, they will determine the amount of compensation you should receive.

How an Experienced Daycare Injury Lawyer Can Help

The legal process in these cases can be complex, and having a knowledgeable attorney by your side can significantly impact the outcome.

Ways an experienced daycare injury lawyer can help includes:

• Expert Legal Guidance: An experienced daycare injury lawyer can evaluate the merits of your case, helping you understand whether the daycare’s actions or lack thereof constitute negligence under the law.
• Wide Network of Expert Witnesses: Experienced attorneys have an extensive network of expert witnesses they can call on to bridge the gaps between the facts of the case.
• Proficient Negotiators: A daycare injury lawyer will handle all communications and negotiations with the insurance company, ensuring that your child’s injuries are accurately valued and that you receive a fair settlement offer.
• Representation in Court if Necessary: With a lawyer’s expertise, you can achieve a favorable verdict or negotiate a settlement even before the trial concludes.

The stakes are high when it comes to your child’s well-being.

With the right legal support, you can take decisive action to protect your child’s rights and ensure their safety in the care of others.

What Compensation You Can Recover

In daycare negligence cases, families can receive various compensation to cover the damages resulting from a child’s injury.

Compensation addresses the injury’s immediate impact and any long-term consequences.

Impacts and consequences can include:

• Medical Expenses: This compensation covers the child’s medical bills, from current expenses to future needs. Medical expenses include emergency room visits, hospital stays, doctor’s consultations, surgeries, medications, and any other immediate treatment required due to the injury.
• Pain and Suffering: This category compensates for the physical pain and discomfort that the child endures as a result of the injury. The pain’s severity and duration play a significant role in determining the amount awarded.
• Long-Term Care and Support: If the child requires specialized care such as speech therapy, occupational therapy, or other forms of rehabilitation, your attorney could demand compensation for these needs.
• Educational Support: If the injury affects the child’s ability to learn or attend school normally, compensation may also cover the cost of special education services, tutoring, or other educational support.
• Punitive Damages: The court may award punitive damages for extreme negligence or willful misconduct by the daycare provider. These are designed to punish the daycare for its actions and deter similar actions.

An experienced daycare injury lawyer is crucial in accurately calculating the full extent of your child’s damages.

The lawyer will consider the child’s immediate needs and the injury’s long-term impacts to ensure that the compensation reflects the costs associated with the daycare’s negligence.

Protect Your Child's Legal Rights Now

Your child’s safety always comes first.

Filing a lawsuit or claiming daycare negligence settlement against irresponsible facility owners or managers isn’t just a matter of seeking justice; it’s also a way to prevent abuse in the future.

Holding stakeholders responsible for their negligence forces them to implement stricter rules and ensure the safety of children in the daycare facility.

If you’re unsure how to go about your potential legal steps, our experienced daycare injury lawyer at TorHoerman Law can help you.

Contact us for a free case evaluation.

You can also use the chatbot on this page to find out if you qualify for the daycare injury lawsuit instantly.