Can I Sue After My Child Was Injured at Daycare?

 Posted on May 10, 2024 in Personal Injury

When you leave your child at daycare, you trust the staff to be responsible for him or her and that your child will be safe throughout his or her time in the facility. However, accidents and injuries can happen, and these incidents may result from the negligence or recklessness of daycare staff.

In Illinois, daycares do have responsibilities to the children that attend, and they must maintain a safe environment. When injuries occur, you might be able to sue the daycare for damages. A seasoned Illinois daycare injury attorney can guide you further.

When Is Your Daycare Responsible for Injuries?

Though children can be somewhat accident-prone, serious injuries and accidents that occur at a daycare are alarming. Under Illinois premises liability laws, your child’s daycare has an obligation to provide a safe environment free of hazards, including ample supervision for children and upholding a duty of care during the hiring process for staff.

Incidents when a daycare might be responsible for your child’s injuries due to negligent or reckless behavior include the following:

• Negligent hiring practices, such as failing to perform background checks or knowingly hiring individuals with a history of child abuse

• Inadequate training for staff

• Negligent or inadequate sanitation practices, leading to the potential for severe illnesses

• Lack of supervision, such as not monitoring children while they play with toys or each other

• Negligent or reckless safety practices, such as leaving out cleaning supplies or medications and not updating smoke detectors

The injuries that result from these incidents can include severe and catastrophic injuries such as choking, severe illnesses, burns, spinal cord injuries, neck and back injuries, and traumatic brain injuries. Wrongful death may also occur in some cases.

Additionally, when staff members who have a history of abusing children are hired by a daycare, injuries to your child may include emotional, sexual, or physical abuse.

Pursuing a Claim Against a Daycare

Parents whose children have been injured at a daycare due to the daycare’s negligent or reckless actions, or wrongful hiring practices, may be able to pursue a claim against the daycare. This claim can seek to recover compensation for hospital bills and emergency medical treatment, ongoing medical or rehabilitation expenses, and mental health counseling.

In many cases, parents may also be able to seek compensation for their own time missing work or lost wages, and if your child is injured in a particularly catastrophic way, you may be able to pursue damages for the loss of his or her ability to work in the future.

Contact a Rockford, IL Daycare Injury Lawyer

Daycare injuries are traumatic for both the child and the parents, and you may be able to pursue a claim against the facility responsible. A skilled Winnebago County, IL daycare injury attorney is essential to building your case and holding a daycare facility accountable.

At Mannarino & Brasfield, A Division of Schwartz Injury Law, our attorneys are dedicated and experienced in handling complex cases that involve injuries to children. Call 815-215-7561 for a free consultation.