Daycare Accidents and Abuse

Injuries To Children At Daycare Due To Lack Of Supervision And Abuse

All too often, we receive calls about injuries that have occurred to children while at a daycare facility.  At the ages which most children are in daycare, they cannot speak up for themselves about dangerous conditions, a lack of supervision, or abuse.  If you have a child who was injured at a daycare facility, you should call us for a free consultation to determine whether you have a claim for negligence against the daycare facility.

Lack of Adequate Supervision

The leading cause of injuries to children at daycare facilities is a lack of supervision.  Adequate supervision of children can prevent a lot of bad things from happening.  This includes improper use of equipment, improper or dangerous behavior from other children, and the ability to respond quickly in the case of an emergency (i.e. child choking, having an allergy attack, or other medical emergency).

Daycare workers perform an important role to not only keep the children that they supervise occupied but also to keep them safe.  These workers should be CPR certified and sufficiently familiar with first aid and basic emergency medical maneuvers such as the Heimlich maneuver.  These workers should also be able to tell when an injury has occurred to a child and should arrange for appropriate medical care as needed (such as for nursemaid’s elbow).

Dangerous Conditions

Many children are injured at daycare facilities on unsafe equipment or furniture.  A daycare facility for children should be designed and maintained so that open hazards are eliminated.  This is often an expensive task for a daycare that has taken over an existing house and modified it.  Particular care should be taken to avoid room and hallway designs that present an unreasonable risk of injury to a child.

Dangerous conditions do not just include claims for premises liability.  Children frequently sustained injuries on playground equipment or other toys available on site at the daycare facility.  Ideally, playground equipment should be professionally designed and installed.  However, many daycare facility play areas are put together with equipment purchased from retailers such as Walmart.

These DIY play areas are subject to improper installation by the owner, wear and tear that exceeds their intended use, or they may be defective from a product liability standpoint.  If your child has suffered an injury on defective play area equipment, you may have a claim for either product liability or negligence against the daycare.


The worst thing that can happen to a child at daycare is child abuse.  Daycare workers are supposed to be properly vetted before being hired.  An injury at daycare due to child abuse may be actionable (against the daycare) if the daycare was negligent in performing a background check that would have revealed an inappropriate history to work with children or if the daycare retained such an employee after becoming aware of abuse.

Read more to learn more about specific terms used in Florida injury cases.

Contact a Lakeland Personal Injury Attorney for a Free Case Review Today

If you have a child who suffered an preventable injury at a daycare, please contact Russo Law to discuss the merits of your case with an injury attorney. The facts and circumstances of every injury case are unique. A consultation with a Lakeland daycare accident and injury lawyer is free.  Representing you is our privilege.

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October 29, 2019