Fighting for Victims in
Times of Need
Times of Need
Daycare Injuries
Registered daycare programs were available for 789,000 children in New York State in 2022. Many parents rely on daycares to keep their children safe during working hours, but each year families are left dealing with emotional and financial consequences when daycare owner negligence leads to serious injury.
The Law Office of Mark A. Siesel represents families throughout Westchester County and surrounding counties. If your child was harmed due to unsafe conditions, you may have legal options. Contact our office for a consultation to find out more.
Why Daycare Injury Cases Are Different from Other Personal Injury Cases in Westchester County
Daycare centers care for some of the most vulnerable members of our community, and these young children cannot always explain what happened or advocate for themselves.
Daycare providers have a heightened duty of care because:
- Children require constant supervision.
- Young children cannot assess danger.
- Facilities must comply with strict safety regulations.
- Staff members are entrusted with protecting children throughout the day.
When that duty is breached, children can be seriously injured and daycares can be held liable. The challenge for families is that it is often difficult to even establish what happened. A young child may be too scared to speak or may not be able to articulate exactly what happened. Daycares may claim that serious injuries were an unpreventable accident. Getting the facts can be the initial, daunting hurdle.
Cases involving injuries at daycares are also different because daycares across the state are highly regulated. Daycares must be licensed/registered by the Office of Children and Family Services (OCFS) and comply with regulations regarding staff-to-child ratios, health and safety, nutrition, fire safety, and staff training.
Common Causes of Daycare Injuries
Daycare injuries often stem from preventable mistakes, including:
- Inadequate Supervision. Insufficient staff-to-child ratios or distracted caregivers can allow dangerous situations to develop.
- Unsafe Premises. Daycare centers must maintain a secure and hazard-free environment. Issues such as unsecured stairways, broken or unstable furniture, and other issues should not happen in daycares. Property owners and operators are responsible for identifying and correcting dangerous conditions.
- Playground and Outdoor Accidents. Improperly maintained outdoor play areas and poor supervision can lead to serious harm. Outdoor play comes with many unique hazards, including exposure to the sun and the elements.
- Negligent Hiring or Training. Daycare facilities must properly screen and train staff. Failure to conduct background checks, provide safety training, or monitor employee behavior can lead to injuries and legal claims.
- Poor Meal Time Processes. Infants and toddlers are at risk for choking hazards. Caregivers must follow age-appropriate feeding guidelines and remain attentive during meals and snack times.Failure to respond quickly to a choking incident can lead to severe injury or even wrongful death.
- Bullying. Other children at daycare can push, shove, or otherwise harm other children. It is the daycare’s responsibility to make sure no children are harmed and to address behavioral issues. When they fail to do so, bullying can escalate into serious harm. Even name calling can have a serious impact on a child’s self-esteem and should be addressed.
Types of Injuries Seen in Daycare Settings
Children in daycare may suffer a range of injuries, including:
- Broken bones.
- Head injuries and concussions.
- Dental injuries.
- Burns.
- Cuts requiring stitches.
- Spinal injuries.
- Internal injuries.
- Emotional trauma.
In serious cases, a child may require long-term medical care or may suffer serious trauma or permanent injury.
Red Flags Parents Should Not Ignore
Parents may not always witness what happens at daycare. In general, any changes in behavior or unexplained injuries, especially when they happen repeatedly, warrant further investigation. If your child is suddenly afraid of going to daycare or reports any worrying behavior, you should get a full explanation from the daycare, along with a plan of action to prevent further harm. If there is no documentation of incidents or if the daycare provides inadequate or inconsistent explanations, ask questions and consult with a childhood injury attorney who can help.
What Parents Should Do After a Daycare Injury
If your child is injured at daycare, here is what to do next:
- Seek immediate medical evaluation. Children can’t easily communicate whether they are seriously injured, and even minor injuries sustained early in life can have an impact on development and later life.
- Request a written incident report from the daycare provider. If they refuse, contact a personal injury attorney.
- Secure documentation. Take photographs of visible injuries, preserve medical records and bills, and document conversations with staff and your child.
- Consult with an experienced attorney. It is especially important to secure representation before signing any documents.
Consulting with an attorney early in the process ensures you can pursue full compensation. After a serious daycare injury, you may be facing pain and suffering, high medical bills, and other costs. You may need to take time away from work to care for your child and your child may need counseling, educational support and other resources. Compensation can help pay for all these costs and can pay for future costs if your child will need ongoing medical care or supports because of a long-term injury.
Frequently Asked Questions
Can I sue a daycare center for negligence?
Yes, if negligence caused your child’s injury. Not every injury results in a claim, but if negligence played a role in your injury, legal action may be appropriate. It’s also important to keep in mind that anyone who contributed to the injury may be held liable. Your attorney can help you determine what happened and who may be responsible for your child’s injuries.
What if the daycare says accidents are “normal” for children?
Minor scrapes may be part of childhood. However, serious injuries caused by preventable hazards or lack of supervision are not simply “normal accidents” and can lead to legal claims. Often, it is difficult to know whether an injury was an accident or a sign of negligence without a comprehensive investigation.
What should I do if the daycare’s insurance company contacts me?
Insurance companies represent the daycare’s interests, not yours. Their goal is often to minimize payouts and they often do this by trying to get you to make a statement early or to accept a low settlement early, before you know your rights and before the full extent of injuries is clear. If the insurance company contacts you it is best to contact a personal injury attorney as soon as possible. Your attorney does act in your best interests, and can speak to insurers on your behalf, pursuing fair compensation.
How long do I have to take legal action?
Time limits apply to daycare injury claims. The specific deadline depends on the circumstances, including whether the facility is privately operated or connected to a public entity and when the injury became clear or should have become clear. It is always best to consult with an attorney as soon as possible to protect yourself and your child.
Will filing a claim affect my ability to find childcare in the future?
Asserting your legal rights should not prevent you from securing future childcare, and securing fair compensation can help you seek quality childcare.
Compassionate Advocacy for Families
The Law Office of Mark A. Siesel provides individualized attention and strategic representation for families facing serious daycare injury cases. We conduct thorough investigations, consult with experts when necessary, and pursue fair compensation through negotiation or litigation.
We offer a free initial consultation and are accessible through injurylawny.com, by email, fax, or by phone at (914) 428-7386.