What are my legal options if my child was injured in a daycare?

There is nothing more heartbreaking than trusting a daycare to care for your child, only to find that your child has been harmed as a result of their negligence. If you are in this stressful situation, do not hesitate to reach out to our legal team today to speak with our skilled personal injury attorneys.

What is a daycare liability clause?

In most cases, when enrolling your child in daycare, the daycare will attempt to get you to sign a daycare liability clause. The basic objective of this clause is to get you to waive your right to sue the daycare, should anything bad happen to your child. If this sounds somewhat slippery to you, it’s because it is. You do not have to sign this clause, however, if you have already signed such a clause and you believe your child was injured as a result of the daycare’s negligence, there is a very high likelihood that you can still seek legal action against that daycare for your child’s right to compensation. With that being said, these lawsuits are rarely easy to win, which is why you must hire the services of our skilled attorneys who can gather and present all the evidence needed to satisfy the burden of proof.

What are the most common forms of daycare negligence?

Daycares have many responsibilities towards all who are registered in them. When they breach those duties, people can become seriously injured as a result. Some of the most common causes of daycare injuries include the following:

  • Daycare staff leaves specific objects within reach of young children. For instance, small objects, such as paperclips, pose a serious choking hazard to small children, which is why they should never be left unattended. Furthermore, cleaning products, especially colored, sweet-smelling liquids, can pose serious safety risks to small children as well, who may confuse them for sports drinks or otherwise.
  • Daycare staff failing to maintain all playground equipment and toys often can result in injury, such as when playground equipment is allowed to get rusty or defective in some way.
  • Daycare staff failing to ensure that air, food, and water quality are all safe. Asbestos or mold in the air can be toxic, as can unclean drinking water. Furthermore, in the age of COVID-19, daycares are also liable for regularly sanitizing and cleaning the premises to ensure they lower the chances of spreading the virus.

Lastly, though no parent wishes to think about it, if you notice your child is losing weight, frequently coming home with bruises, or is constantly complaining of hunger or thirst, there is a chance your child may be a victim of abuse. This is unacceptable behavior. No matter what, if you believe your child was harmed due to a daycare’s negligence or abuse, our firm is on your side. All you have to do is give us a call.


Friedman Schuman is an experienced and dedicated legal resource for clients throughout Pennsylvania. Contact Friedman Schuman today to schedule a consultation.

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