What To Do if Your Child is Harmed Because of Daycare Negligence

Deciding on a daycare facility to send your child to requires extensive research and consideration. However, it is impossible to control everything your child will experience at daycare. You hope and 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. Contact our firm to schedule a consultation with an experienced personal injury attorney serving Pennsylvania and New Jersey.

What is a daycare liability clause?

A daycare liability clause is a document most daycares will ask you to sign when registering your child. The purpose of signing it is to prevent you from suing the daycare, in the event anything ever happened to your child. You do not have to sign this. However, even if you did, with the help of an experienced personal injury attorney, you may still be able to hold that daycare liable in a personal injury claim and be eligible for compensation.

Examples of Daycare Negligence

  • Daycare negligence is more common than you may think. The most common forms of daycare negligence include:
  • Leaving out objects that are serious choking hazards like paper clips
  • Leaving out dangerous cleaning products that can appear to be sweet drinks
  • Rusted playground equipment or toys
  • Mold or asbestos in the air
  • Unsafe drinking water or food

Collecting Evidence for the Burden of Proof

In order to recover compensation, you have to provide proof of three things. You will have to prove:

  • The child was enrolled in the daycare and the establishment owed a duty of care to the child at the time of the incident.
  • The daycare employee breached their duty of care through negligent behavior.
  • The child sustained injuries and/or significant damages due to the accident.
  • In order to obtain the necessary proof, it is important to:
  • Seek medical attention to document your child’s injuries. Before leaving, ask for a copy of any relevant medical documents
  • Take pictures and videos of your child’s injuries and negligent conditions at the daycare
  • Obtain witness contacts who saw the child’s accident occur to provide testimony.

Statute of Limitations

In Pennsylvania and New Jersey, there is a two-year statute of limitations that applies to any civil action in which an individual seeks to recover damages for a personal injury claim or negligence of another person.

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 personal injury 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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