Legal Options for Suing a Daycare for Injury

Legal Options for Suing a Daycare Over Child Injuries

When your child is hurt at daycare, it’s normal to feel angry, worried, and unsure of what to do next. You may wonder if you have the right to hold the daycare and its workers accountable for your child’s medical bills, pain, and other damages. The answer is yes—under the right circumstances, suing a daycare is a valid option. Our knowledgeable child injury lawyer can guide you through the process, collect evidence, and fight for the compensation your family deserves.

What Is a Daycare’s Duty of Care?

Every adult working in a daycare center has a legal duty to protect the children in their care. This entails the following:

• Providing proper supervision
• Maintaining safe facilities
• Following licensing and safety rules
• Intervening when necessary to prevent foreseeable harm

When daycare providers assume the responsibility of caring for children, the law expects them to take the steps any prudent caregiver would under similar circumstances. If they fail to fulfill this duty and a child is injured, the daycare may be held liable.

Common Causes of Daycare Injuries

Children may be injured in many ways if a daycare center fails in its duty of care. Common causes include:

• Inadequate supervision: When staff members are distracted, inattentive, or too few in number, children may fight, wander off, fall, or encounter hazards that could have been prevented.
• Unsafe premises: Daycare facilities must provide a safe environment. Broken equipment, slippery floors, exposed hazards, poorly maintained playground areas, or unsecured furniture can lead to injuries.
• Improper or insufficient staff training: If daycare workers lack training in safety, first aid, or appropriate child handling, they may fail to prevent or respond correctly to an emergency.
• Failure to follow safety and licensing regulations: Daycare centers are governed by state regulations. Ignoring rules about overcrowding, child-to-caregiver ratios, or background checks raises the risk of injury.
• Neglect or abuse: In some cases, injuries aren’t caused by accidents and oversights but by neglect or intentional harm. This may include physical mistreatment or failure to respond promptly to medical needs.

Legal Grounds for Suing a Daycare

In cases involving a child injury at daycare, you may have grounds to file a civil lawsuit. Legal claims often focus on negligence, licensing violations, or unsafe conditions. Depending on the case, you might sue one of these parties:

• The daycare center: As the entity overseeing daily operations and staff, the facility is often the primary defendant. If it didn’t provide a safe space or comply with regulations, it may be liable.
• Individual staff members: Sometimes a specific caregiver’s negligence or misconduct—such as being rough with the kids or failing to pay attention—can also make them personally responsible.
• Third parties: If a defective playground structure or other piece of equipment contributed to the injury, the manufacturer or maintenance provider may share liability.

Steps to Take After a Daycare Injury

If you’re thinking of suing a daycare for injury, you must act quickly and carefully to protect your legal options. Here are the most important steps to take:

• Get medical care immediately: Even if the injury seems minor, have a doctor assess and document it. Some internal injuries or future complications may not appear right away, so prompt evaluation protects your child’s health and strengthens your claim.
• Document the incident: Write down the details, such as the date, time, and location where the incident occurred, which caregivers were present, what caused the injury, and how staff responded. Also, take photos of the injury and any unsafe conditions that contributed to it.
• Report the injury: Notify daycare management in writing and request a copy of any incident report they generate.
• Preserve evidence: Hold onto clothing, toys, and equipment involved in the incident. If possible, get contact information from eyewitnesses.
• Contact a lawyer to evaluate your case: An experienced child injury lawyer can review the facts, determine who is legally responsible, and advise you on the potential for recovery.
• Avoid discussing the case: Your words may be used to minimize or deny your claim, so don’t talk about it publicly or with insurance adjusters until you receive legal guidance. Even then, let your attorney handle all communications.

Why Is It Necessary to Hire a Lawyer?

An experienced lawyer can help you translate confusing details into a strong liability claim. Carvalho & Associates Attorneys at Law has been representing injured children and their families across Nevada since 1995. We handle everything, from gathering evidence and negotiating with insurance companies to fighting for high-dollar outcomes in court. Our reputation for thorough, resource-backed representation has families traveling from across the state to seek the best possible results. If your child has suffered a daycare injury, explore your legal options during a free consultation with our child injury lawyer in Las Vegas.

FAQs

Can I sue a daycare for child injury if my child fully recovers?

Yes. Even if your child has recovered, you can still seek compensation for damages related to the injury. Just be aware that the statute of limitations for most daycare injury cases in Nevada is two years.

Do I have to file the lawsuit myself?

No. As the injured child’s parent or legal guardian, you start the case, and your lawyer takes over the paperwork, evidence gathering, and representation on your behalf.

What types of compensation can I recover when suing a daycare for injury?

You may recover medical expenses, future care costs, pain and suffering, emotional distress, and any other documented losses related to your child’s injury at daycare.

Does a liability waiver in the daycare contract prevent me from suing?

Not always. Contracts sometimes include liability waivers, but these may not hold up if the daycare was negligent or violated safety regulations.

How soon should I contact a child injury lawyer after the incident?

Contact a lawyer as soon as possible. Early intervention makes it easier to preserve evidence, obtain records, interview witnesses, and build your case.