What to Know About Daycare Negligence in Pennsylvania

When you entrust someone with your child and an accident occurs, it can be devastating. If your child has been injured at daycare, you are likely looking to take legal action. Read on to learn more about daycare negligence in Pennsylvania.

What is a Daycare Liability Clause?

Sometimes, when signing your child up for daycare, you will be asked to sign a liability clause. The daycare will ask you to sign this clause to deter you from suing the daycare, should anything ever happen to your child. It is important to know that you do not have to sign this clause. But, if you did sign the clause, you may still hold that daycare liable in a personal injury claim.

What Constitutes Daycare Negligence?

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.

How Can I Take Legal Action?

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

This can be difficult to prove, so you will want to retain the services of an experienced and dedicated legal team. Contact our firm today to speak with a team of skilled personal injury attorneys. We are here to advocate for you and fight to make sure you recover the compensation you deserve.


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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