Daycare Negligence in Pennsylvania | What to Know

When sending your child to daycare, you assume they will be in good hands. Unfortunately, this is not always the case. If your child is the victim of daycare negligence and/or abuse, there is a good chance that you will be entitled to recover compensation. Read on to learn more about daycare negligence in Pennsylvania.

Common Forms of Daycare Negligence:

Daycare negligence is more common than you may realize. Some of the most common forms of daycare negligence include:

  • Daycares leaving various objects or substances around that should not be within children’s reach. For example, office supplies, such as paper clips, often pose serious choking hazards. Additionally, to children, certain cleaning products can appear to be sweet drinks, which is why they must never be left unattended.
  • Oftentimes, when daycares do not routinely maintain playground equipment and toys, they can become rusted or otherwise very dangerous to children.
  • There have been cases in the past where daycares do not keep a sanitary environment for all who attend. This can include having mold or asbestos in the air, unsafe drinking water/food, and, after the COVID-19 pandemic, failing to ensure that all aspects of the daycare as sanitized on a daily basis.

Fulfilling the Burden of Proof:

If your child has been injured due to another party’s negligence, you may be entitled to recover compensation. In order to do so, you will have to provide proof of certain things. You will have to prove:

  1. The child was enrolled in the daycare and the establishment owed a duty of care to the child
  2. The daycare employer or the staff breached their duty of care through negligent behavior 
  3. The child’s injuries were a direct result of their negligence
  4. The child suffered significant damages due to the accident

In order to obtain the necessary proof, it is important to:

  1. Seek medical attention immediately. Taking your child to the doctor will allow you to document your child’s injuries. Before leaving, ask for a copy of any relevant medical documents.
  2. Take pictures and videos. It is important to document your child’s injuries. You may also want to capture negligent conditions at the daycare.
  3. Obtain witness contacts. If anyone saw your child’s accident occur, they may be able to provide witness testimony.

We understand the importance of your child’s health and safety. If your child has been the victim of daycare negligence, reach out to our firm today.


Friedman Schuman is an experienced and dedicated legal resource for clients throughout Pennsylvania. We proudly serve clients facing a wide range of legal matters. If you require the services of an effective attorney, please contact Friedman Schuman today to schedule a consultation.

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