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Child Injuries-Can You Sue a Daycare or School for Negligence?

September 20, 2023 
by raffi raffi

Child Injuries-Can You Sue a Daycare or School for Negligence? Yes, you can sue a facility for negligence that result in child injuries.

After a 10-month-old girl's finger was partially chopped while she was a guest at a facility in Los Angeles, her parents brought a lawsuit against the crèche that she was at. Paramedics transported the boy to a healthcare facility, where medical professionals intended to keep track of the wound with the potential for a future reconstruction surgery. The mother said she only wanted to understand what transpired to her child while he was being looked after at the center. The family's lawyer indicated that the injury was avoidable and that he expects the lawsuit would alter the daycare's practices to ensure that no additional kids are hurt there in the future.

Parents in Los Angeles entrust daycare facilities with the most precious possessions in their lives every day: their kids. What occurs when a kid gets hurt at a crèche facility due to a lack of monitoring, neglect, or child abuse? Are nursery facilities looked into? Can parents get money back to cover the costs of their children's medical care? Let's examine these problems by considering all the possibilities surrounding such circumstances.

injured child in a cast

Common Accidents Occurring at Childcare Facilities

In any environment, injuries suffered by children are a fairly typical occurrence. The same is owed to the fact that several playgrounds host many children, mostly during holidays. According to the Centers for Disease Control and Prevention (CDC), unintentional injuries rank first among the causes of death for children in the United States. Various levels of injuries cause 9.2 million kids to visit the emergency room annually, with falls being the main reason for non-fatal injuries. Most frequently, children between the ages of two and five are the ones who suffer injuries . Numerous possible risks exist in daycare facilities that are not always present in a family's home. A few injuries typical to that environment are brought on by these dangers, such as:

Accidents on playgrounds and accidents sustained when playing outside

These accidents can happen as a result of a child slipping and falling owing to the presence of trees or large rocks, playground equipment that is hazardous or inadequately maintained, or even a harsh landing from the kit. At a nursery facility, playgrounds are the most frequently used site and most often result in falls that result in injuries. These injuries are primarily devastating, mainly when the injured part of the body is vital, like the spinal cord or brain, and they may also result in traumatic brain injuries.

Stumbling things

Young children tend to grasp something that piques their curiosity. Thousands of kids require medical care for wounds caused by heavy items falling or being pushed off high shelves yearly. The youngster is frequently not adequately watched by the crèche provider, or dangerously heavy objects are being incorrectly stored at heights.

Fights with other children

In crowded crèche facilities, incidents like bites, slaps, and being pushed down can cause injuries that call for medical treatment.


Daycare providers must take great care to ensure that cleaning supplies and additional chemicals are stored in a closed space inaccessible to the kids. Unintentional poison and contact with harmful chemicals result in many children being transported to hospital emergency rooms. Children can be reckless if untamed.

Transport-related accidents

The most frequent cause of unintended fatality in youngsters is motor vehicle accidents.

Chest pain

Peanuts, popcorn, raw vegetables, grapes, hot dogs, and other small food items that could cause a small kid to choke must be age-appropriate, and nursery workers must be trained so that instances of injuries as a result of dangerous items are significantly brought down.

The absence of proper smoke detectors and activities for teaching kids how to halt, drop, and crawl in the event of a fire

In Los Angeles, a home nursery where youngsters stayed up late was discovered not to have the bare minimum amount of smoke alarms required by law for each story of the building in August 2019. Five children, aged between 9 months to 8 years old, died in the early morning fire at the crèche, including the children of an unnamed firefighter who was away responding to another incident. Authorities thought that an electrical source caused the terrible situation. All the children died from carbon monoxide poisoning and smoke ingestion.


Aquatic pools, bathtubs, containers, and other water-filled objects may present a drowning risk at childcare facilities. It is therefore necessary that the children be constantly looked out for in order to avoid them being victims of the dangerous situation.

How Pervasive Is Abuse in Childcare Facilities?

According to Los Angeles' law, crèche abuse includes acts that result in Serious physical neglect, including prolonged or repeated unsupervised periods without monitoring, severe bodily injury that was not an accident, sexual abuse, or sexual exploitation, as well as depriving children at the facility the basic necessities.

In one year, there was a huge number of reports of suspected abuse at childcare facilities across the state, according to the 2018 Child Protective Services Report from the Los Angeles' Department of Human Services. Childcare facilities include residential, institutional, foster, boarding schools, juvenile correctional facilities, and childcare homes and centers. Within those reports:

Nine hundred thirty-nine reports were forwarded to authorities for potential criminal investigation, and 183 pieces were substantiated. The county department or the Office of Children, Youth, and Family Services confirmed 148 of the reports forwarded to police enforcement.

Private babysitters hired by the child's parents are not included in the above-mentioned totals. In 2018, 156 verified reports of abuse in which a babysitter was the offender were made.

What Indicates Daycare Abuse?

As has previously stated, nursery abuse may occasionally result in severe bodily harm. Abuse leaves behind many emotional scars. Suppose your child is displaying any of the following behaviors. In that case, you may have cause to worry that abuse is being perpetrated.

  • Unaccounted for bruises, cuts, or wounds
  • Extreme behavioral and mood swing changes;
  • aggressive behavior, such as biting or kicking;
  • inappropriate sexual behaviors;
  • conveyed enthusiasm and expertise in topics about sex;
  • reverting to behavior usually displayed;
  • clingy behavior;
  • discomfort with removing clothes or permitting assistance with toileting; and
  • attempts to participate in play with other kids that is not suitable for their age

Can I Have a Case When the Damage Was Not Caused by Abuse?

Depending on how the damage happened, with the help of a personal injury lawyer, you will decide if you have a legal right to compensation for the harm your child suffered at a crèche facility during your initial meeting. However, daycare facilities in Los Angeles are closely regulated, subject to inspection, and require a state license. The station's and its staff's guilt may result from violating state laws or the daycare center's policies. Among the rules the center must abide by are the following:

  • A record of the child's medical history, including details on potential special requirements.
  • A documented account of every injury suffered while under supervision and any attempts made to call the parent or another emergency contact if the kid needed immediate medical attention.
  • Scrutinized background analysis conducted on every employee and volunteer to interact with the child in question, as well as the necessary instruction and rules governing the facility's staff-to-child ratio.
  • Requirements for administering and storing a child's medication safely.
  • Demands for the supply of wholesome meals and snacks and a weekly menu for the family.
  • Rules governing the number of children that can be transported in a vehicle and the number of personnel that must accompany the children being ferried, as well as written permission from the child's parent or legal guardian for the crèche staff to transport the kid in a motor vehicle.
  • Requirements for safe indoor and outdoor play areas, including rules governing the security of play surfaces.

Some of the elements that could qualify as negligence in a childcare facility include:

  • Lack of facility supervision,
  • a child being left alone in a vehicle,
  • failure to store harmful chemicals and drugs in a location out of reach of kids;
  • and failure to obtain the child's medical history are all examples of negligent behavior.

Failure to conduct thorough background checks on employees and volunteers who work with children includes:

  • Failing to use security devices with kids aboard vehicles that aren't exempted from child restraint laws.
  • Not paying attention to obvious signs of illness or injury.
  • Failure to provide a recorded account of how an injury occurred.

My Child's crèche require me to execute an exemption.

Many directors or operators of daycare centers can demand that the parents of recently enrolled guests sign a waiver absolving the facility of any responsibility if an injury arises from an error made by staff members, either accidentally or on purpose. This should not be the case, though.

These waivers might not stand in Court because childcare centers are a state-regulated sector that cares for and supervises children. In the event that your child has been hurt due to carelessness, State investigators from the Department of Kids and Families will look for signs of abuse and look into any complaints that have been made. You will also be eligible to pursue financial compensation for the costs and effects of the injury on your life.

Who Is Liable for the Injury to My Child?

If your child was hurt at a crèche, it might not always be clear who did what to cause the accident to happen. Because numerous people and organizations have obligations to your child's crèche, there are sometimes multiple defendants in crèche accident litigation. Some persons who could be held accountable are:

  • Employees overseeing your child.
  • The operator of the crèche facility, who is in charge of adhering to state laws, adhering to the center's policies and procedures, reporting abuse, employing and training staff, performing background checks on the team, getting in touch with parents in an emergency, providing written accounts of all accidents and injuries your child sustains while in its care, and making sure the facility is free of dangers that could harm your child.
  • The individuals in charge of taking your child to and from the center.

Next Steps for You

For parents, the possibility that their kid may have experienced abuse at a crèche facility is terrifying. It might engender feelings of shame or skepticism. Here are some suggestions for what to do next if you believe that your child's injuries were caused by abuse or by hazardous conditions at a crèche facility:

Trust your instincts. You are the best person to judge whether something is wrong with your child because you are the one who knows them the best. Consult a physician for assistance and inform the Department of Children and Families of your concerns.

Keep track of any wounds or alterations in your child's behavior. Make thorough notes, including any details that your child may be able to share. Injury photos are crucial evidence that ought to be captured and secured.

Save any copies of the medical bills for your child's injuries at the crèche facility since you'll need them to file a compensation claim.

Always remember that instances of abuse or neglect are not typically isolated. There might be additional kids at the nursery who are in danger. If you can, ask other parents whether they have any concerns about the facility, the personnel, or their children's behavior. For instance, law enforcement officials charged a nursery instructor in a second incident involving inappropriate kid contact. Initially, the man was detained and accused of inappropriately touching a four-year-old youngster in his care. He was accused of molesting a kid, endangering the welfare of a child, and indecent assault. A five-year-old kid informed his parents that the teacher had also sexually handled him after his arrest. Aside from additional offenses connected to the second case, the guy is now accused of severe indecent assault on a kid under 13 and institutional sexual assault.

Contact our knowledgeable attorneys in such cases to ensure you get the best representation of your child's healthy well-being. Do not hesitate, and we shall take your case with utmost seriousness.

LA Injury Group

The personal injury attorneys at LA Injury Group know the difficulties and uncertainties surrounding daycare injuries claims. To ensure that you are adequately compensated for your losses and injuries, we shall assign you an experienced personal injury lawyer to help you navigate the whole process of ensuring that you get justice in a daycare negligence suit. We shall also help you file a court case should it become necessary. To help you establish responsibility for your losses and look into every possible source of compensation for your daycare negligence claim, we shall carefully examine how the injuries occurred and the party who should be held liable for the personal injury.

The sooner you hire LA Injury Group after a personal injury, the better your chances of getting a sufficient amount of compensation under Los Angeles' law. Contact us today if you are prepared to discuss your legal options following a personal injury.

Our experienced daycare injury lawyer shall assist you through the entire process of dealing with childcare abuse. The lawyers shall also take you through the entire legal process of a personal injury lawsuit against a facility in order to get a clear picture of what you should expect to see happening in your daycare negligence case. Our experienced daycare injury lawyer shall also ensure that they take you through the possible damages the Court may award you if your personal injury claim is successful. We encourage you to ask as many questions as possible during the free initial consultation so that we can adequately address all your child's injury concerns.

We encourage you to get in touch with us as soon as your child is a victim of childcare injury so that we can ensure that you are adequately compensated for your child's personal injuries and medical expenses, as well as for the pain and suffering that you may have endured at the time of your child's personal injury.

Put your faith in the team at LA Injury Group to defend your rights and to ensure that you are adequately compensated following your child's daycare injury cases. Contact our daycare injury lawyer for a free legal consultation to discuss the options available to personal injury victims. Please get in touch with LA Injury Group immediately so that you can begin getting the compensation you rightfully deserve.

Is There Any Experienced Personal Injury Lawyer Near Me?

LA Injury Group is near you and ready to help you recover compensation in any daycare abuse that you may want to pursue in Los Angeles. We do this by tapping into our in-depth experience handling child daycare cases. Our lawyers shall assist you by ensuring that we put together sufficient evidence to guarantee you the best chance of compensation for your child's daycare injuries.

We have the required skills and experience in dealing with daycare facility cases. After reaching out to us, we shall schedule an initial consultation with you to review the facts of the child's injuries. During the free consultation, our daycare injury lawyers shall go through the circumstances of your daycare negligence lawsuit, its strengths and weaknesses, the legal steps to be followed, and what you should expect to see happening in your daycare negligence lawsuit. We shall look at the best figure that should be paid to you by the insurance company so that the case does not proceed to Court. We shall also address any questions that you may have concerning your daycare center case.

Contact LA Injury Group Today

LA Injury Group's daycare injury lawyer realize how difficult insurance claims negotiations and court processes can be. In light of this, LA Injury Group's Lawyers assist personal injury victims in negotiating a perfect settlement and filing court cases should such a need arise. We commit to take charge of the situation and help you attain the best possible outcome for your case.

Do not delay contacting us if you or a loved one is an accident victim due to someone else's negligence. Moreover, suppose the accident resulted in significant harm. In that case, we advise you to reach out to us so that we can ensure that the insurance adjusters do not violate your rights during the intense insurance claims negotiations.

At LA Injury Group, we offer a free case examination to enable you to decide the best way forward.

Do not hesitate to contact our able Firm of Attorneys, and we shall passionately pursue your personal injury cases.

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