Daycare Injuries: What Are Your Legal Rights

Working parents enroll their children in daycare to sustain a better life for them in terms of education, enhancing social skills as well as their motor skills.

They also believe that their children will be well taken care of, and the daycare will ensure their safety. It is true that the majority of children stay safe, but sometimes accidents happen.

In case your child got injured, you will be scared at first, and that’s okay. You will then question your child’s safety and how the accident happened, and you might get frustrated towards the careless childcare worker. However, if you have all the evidence, you can ask for injury compensation for your child.

Daycare release forms

Most daycares require parents to sign a daycare release form, which states that in case they couldn’t reach the parent or legal guardian, they will take all the possible medical emergency procedures for the well-being of the child. However, some daycares add in those forms, a “liability clause”; which means that you state that in case of accidents, the daycare is off the hook and do not compensate at a time of injury.

Post-injury Procedures

So if you are sure that the daycare was responsible for your child’s injury, then take the right actions. For instance, if your child gets bit by a dog in the day care’s garden, in line with the legal advice found on, you need to get medical help right away. Identify the dog owner and make sure the dog’s vaccinations are up to date, then consult a personal injury lawyer. Since the liability clause in your daycare agreement vanishes your rights, and that this incident is based on lack of supervision, then you have a strong case and hiring a personal injury lawyer will be the best decision you will make.

Injury lawyers would want to prove a direct and proximate cause against the daycare to get you compensation. However, some cases are in favor of the daycare. If they got high-quality chairs for the children, and later on one of the chairs broke, which caused bruising on his/her arm, the court will then rule that an intervening force caused the injury and not the daycare.

Daycare injuries

You need to get acquainted with other injury types that can happen to your child in daycare. Preschool children are still learning how to walk, curious to discover their abilities and their environment. 60% of those kids get injured from falling in the playground. Here are some injuries you can expect to happen to your child:

  • Small injuries: bruises, cuts
  • Significant injuries: broken bones, head, neck, dental or internal injuries
  • Burns
  • Unintentional poisoning

That being said, how the injury happened will show you if it was an accident or a result of careless supervision. If your child comes home injured repeatedly, and his stories are not making any sense to you, then suspect abuse at the daycare and take action as soon as you can. Do not over worry, always be involved in what is happening to be aware of the quality your child is receiving. 

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