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For many students, the school year has ended. As a result, parents need alternatives when it comes to childcare during the day. As a solution, many parents turn to daycare. When making the decision to send your kids to daycare, you trust that they will be in good hands. Unfortunately, this is not always the case. Sometimes, daycare owners and employees act negligently. When this happens, serious accidents can occur. Read on to learn more about daycare negligence and what to do if an accident occurs.

What Does Daycare Negligence Entail?

Some of the most common examples of daycare negligence include:

  • Children being injured on rusty or defective playground equipment
  • Children being fed stale food or unclean water
  • Sharp, hazardous materials within children’s reach
  • Ignoring a child’s food allergies
  • Failing to watch children at all times
  • Failing to screen potential employees who may be unsafe around children
  • Any other factor that the court deems in violation of the reasonable expectation and standard of care

Can I Still Take Legal Action if I Signed a Waiver?

Many daycare facilities will ask parents to sign a liability close in the hopes that it will deter parents from taking legal action in the event that their child becomes injured. It is important to know that you do not have to sign this waiver. Additionally, if you did sign it, you can still take legal action. Whether you signed a waiver or not, you should be sure to reach out to an experienced personal injury attorney.

Fulfilling The Burden of Proof

When it comes to a personal injury claim, you will need to provide proof that the injury occurred due to another party’s negligence. You can do this by taking pictures and videos of your child’s injuries. Additionally, you should take your child to the doctor right away. This will ensure that your child receives the necessary medical attention, while also providing you with proof of the origin and extent of your child’s injuries. Be sure to reach out to an experienced attorney who may be able to obtain further evidence, including security camera footage, police reports, and more.

If your child has been injured at daycare, our firm is here to help. Reach out today to discuss your case.

Contact our Firm

If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.


Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.


Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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