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What to Do If Your Child Is Injured at Daycare (Legal Guide)


As parents, we trust daycare facilities to provide a safe and nurturing environment for our children. However, accidents happen, and when they do, knowing your legal rights is crucial. If your child is injured at daycare, taking immediate action can protect their well-being and help you pursue fair compensation if negligence was involved. At Mory & Colliersmith, PLLC, we specialize in daycare injury claims and are ready to guide you through this process.


  1. Seek Immediate Medical Attention

Your child’s health and safety come first. If your child is injured, assess the severity and seek medical care right away. Even minor injuries can develop complications, so it’s best to have a doctor evaluate your child. Keep all medical records and bills as they are critical for any potential legal claim.


  1. Report the Incident to the Daycare Staff

Notify the daycare staff immediately and request a detailed explanation of what happened. Ask for a written incident report and obtain a copy for your records. Ensure the daycare documents the circumstances of the injury, who was supervising at the time, and what actions were taken afterward.


  1. Gather Evidence and Documentation

To protect your child’s rights, collect as much evidence as possible, including:

  • Photos of injuries and the accident scene – Capture any hazards that may have contributed to the injury.

  • Witness statements – Speak to staff members, other parents, or anyone who saw what happened.

  • Medical records – These will serve as evidence of the extent of your child’s injuries and treatment required.

  • Daycare policies and inspection history – Review their safety guidelines and check for any history of violations.


  1. Understanding Daycare Liability and Negligence

Daycares have a legal duty to provide a safe environment for children. If the injury resulted from negligence—such as improper supervision, unsafe conditions, or failure to follow safety protocols—you may have a valid claim. Common causes of daycare injuries include:

  • Slips and falls due to unsafe play areas

  • Injuries caused by other children due to lack of supervision

  • Food allergies or improper meal handling

  • Playground equipment accidents

  • Staff negligence or abuse

  • Unsecured exits leading to wandering incidents

Negligence claims must prove that the daycare failed to act with reasonable care, leading to the injury. If the daycare violated state licensing regulations, this could strengthen your claim under the legal concept of negligence per se.


  1. Common Defenses Used by Daycares (and How to Counter Them)

When facing a potential lawsuit, daycare centers often try to deny liability using various defenses, including:

  • "It was just an accident." While not every injury is due to negligence, many accidents are preventable with proper supervision and safety measures.

  • "You signed a liability waiver." In most states, liability waivers do not protect daycare centers from negligence claims.

  • "We followed all state regulations." Compliance with regulations does not automatically mean they were not negligent. A daycare can meet minimum legal requirements but still fail to provide adequate care.

  • "Your child was responsible for their own injury." Children under a certain age cannot be legally considered negligent, and daycare providers have a heightened duty to anticipate potential dangers.


  1. What Compensation Can You Seek?

If the daycare is found negligent, you may be entitled to compensation for:

  • Medical expenses – Past and future treatment costs.

  • Pain and suffering – Emotional distress and trauma caused by the injury.

  • Lost wages – If you had to miss work to care for your child.

  • Future medical or therapy costs – For long-term injuries or rehabilitation.


  1. Avoid Signing Anything Without Legal Advice

The daycare or their insurance provider may ask you to sign documents or provide a recorded statement. Do not sign anything without consulting a lawyer, as this could limit your ability to pursue a legal claim.


  1. Contact a Personal Injury Attorney

Navigating a daycare injury claim can be complex, but you don’t have to go through it alone. At Mory & Colliersmith, PLLC, we specialize in holding negligent daycare facilities accountable. Our legal team will investigate your case, determine liability, and fight for the compensation your child deserves.


Let Us Help Protect Your Child’s Rights

If your child has been injured at daycare, don’t wait to take action. Call Mory & Colliersmith, PLLC today for a free consultation at (502) 212-4333 or visit morycolliersmith.com. We’re here to help your family move forward and ensure justice is served.

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