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Can I Sue If My Child Gets Hurt at Daycare?

Posted in on October 1, 2019

Daycare injury lawsuits are a form of compensation when accidents occur at daycare. When parents take their children to daycare, they depend on daycare providers to provide safe care. In fact, the daycare has a legal obligation to provide care that’s up to professional standards.

If your child gets hurt because of a daycare injury, they may have the right to bring a daycare injury lawsuit. When your child is injured in a daycare accident, they may have lasting injuries. You may not even know the extent of your child’s injuries when the accident occurs. However, you may have a right to claim compensation for your child. Our injury lawyers can help.

Daycare Playground Accidents

Most Common Types of Daycare Injuries

The most common types of daycare injuries include:

  • Neglect like infrequent diaper changes
  • Defective equipment that can cause cuts, bruises, and broken bones
  • Leaving children to play with other children without proper supervision
  • Poor hygiene practices within the facility
  • Failing to keep dangerous items away like kitchen items
  • Failing to take safety measures to prevent falls including falls down stairs
  • Burns that occur from electrical outlets and unsecured electrical items
  • Drowning accidents
  • Rashes and skin burns from dangerous chemicals
  • Poisoning
  • Choking
  • Physical abuse

What Type of Accident Is the Leading Cause of Injury in Child Care Settings?

Playground accidents are the leading cause of injury in child care settings. Other accidents like falls from elevated surfaces like the couch, table, or window sill are other leading causes of injury in child care settings. There are a number of different types of accidents that can occur in child care settings with playground accidents being the leading cause of injury.

Are Daycares Responsible for Injuries?

Yes, daycares are often responsible for injuries that occur to children in their care. If the injury occurs because of the actions or inaction of a daycare provider, the daycare is responsible for the child’s injuries. All daycare providers have an obligation to provide care that is up to reasonable standards. If the injury occurs because of something the daycare provider should have done differently, the daycare is responsible for injuries.

Can I Sue If My Child Gets Hurt at Daycare?

Yes, you can sue if your child gets hurt at daycare. Whether you can sue if your child gets hurt at daycare comes down to the cause of the injury. If the injury occurs because of the negligence of the daycare or their workers, you can sue if your child gets hurt at the daycare.

Because a daycare is a business, the legal standards that apply to the daycare are high. The standard that applies is whether the cause of the accident was the failure of the daycare to live up to the standards of a reasonable daycare in the same circumstances.

Can You Sue a Daycare?

Yes, you can sue a daycare. You can sue a daycare if your child suffers injuries because of the negligence or recklessness of daycare providers. Negligence can either be affirmative actions or inaction. For example, failing to protect a child from a sharp object can be an example of negligence based on inaction. If the daycare should have done more to prevent the accident, you can likely sue the daycare for your child’s medical bills and pain and suffering.

Can You Sue a Daycare for Negligence?

Yes, you can sue a daycare for negligence. Negligence, recklessness, and intentional harm are all grounds for a lawsuit against a daycare. Every daycare provider has a legal obligation to provide children with reasonable care. Negligence is a failure of reasonable care. You can sue a daycare for negligence when your child gets hurts because the daycare did not provide services up to the acceptable standards for a daycare.

Daycare Negligence Settlements

Daycare negligence settlements are financial compensation for victims of daycare negligence. Settlements are a way to provide victims with payment as compensation for injuries. Of course, the victim of daycare negligence still has lasting physical injuries, pain, emotional damages, and personal limitations as a result of the accident.

However, financial compensation is a legal remedy for the victim so that the perpetrators of daycare negligence can bear the burdens of the harm that has occurred.

A daycare negligence settlement may include any of the following:

  • Emergency medical bills
  • Long-term care for an injured child
  • Nursing care
  • Physical therapy
  • Diagnostic evaluations to determine a child’s prognosis for recovery
  • Compensation for long-term physical limitations
  • Physical therapy
  • Pain and suffering compensation based on the severity of the injuries
  • Property damage, if applicable

The amount of a negligence settlement depends on the injuries that the child sustains. It also depends on how clear it is that the accident occurred because of negligence on the part of the daycare providers. You can work with your attorney for daycare negligence to take steps to ensure that you receive maximum compensation for your child’s injuries.

Legal Standards for Daycare Injury Lawsuits

Colorado daycare licenses [1] are offered through the state of Colorado. Along with a license comes a long list of requirements. Each daycare must meet these safety requirements. Certainly, if an injury occurs because of a failure to meet safety requirements, there’s a good chance that the daycare is negligent.

However, even if no safety requirement pertains exactly to the underlying causes of the accident, the daycare may still have legal liability. Ultimately, the question is whether the daycare provider fails to provide standards up to the level of an ordinary, reasonable care provider in the same circumstance.

Contact Our Skilled Injury Lawyers

Has your child been injured in a daycare? Are you wondering if you have a legal claim because of a daycare injury? We’re attorneys for daycare injuries, and we can help.

At Bachus & Schanker, LLC, our attorneys have dedicated our entire legal careers to helping accident victims. We understand that a daycare accident can be devastating for a child and their family. Let us help you fight for the compensation that you deserve. Call us today for your free consultation.


[1] Colorado Department of Human Services. Child Care Licensing and Administration.

Kyle Bachus

Kyle opened Bachus & Schanker, with little more than a tiny, rented office and a lot of determination. Starting with less than $15,000, their business has grown into one of the largest, most well respected personal injury firms in the Colorado region. Kyle and his partner Darin Schanker are committed to understanding the circumstances confronting their clients, and ensuring that responsible parties are held accountable for damages they have caused.

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Super Lawyers - Kyle Bachus
Million Dollar Advocates Forum
Martindale-Hubbell Peer Rated for Highest Level of Professional Excellence
Super Lawyers - Darin Schanker
The National Trial Lawyers Top 100 Trial Lawyer
5280 Top Lawyers of Denver
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