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When parents leave their children in the care of others, such as a daycare, it is rarely ever easy. In doing so, they trust their children will be happy, safe, and cared for at all times. Thankfully, this is usually the case and children return from their daycares unharmed. However, it is an unfortunate reality that there are cases in which negligence takes place at daycares and cause harm to a child. When dealing with these situations, it is crucial to retain the services of an experienced New York personal injury attorney to defend the rights of your child. 

What is Considered Daycare Negligence?

Daycares sometimes ask parents to sign a waiver that includes a “liability clause.” This is done to deter parents from pursuing legal action against them in the event that something happens to their child at the daycare. While this is true, it is crucial to know that it is still possible for parents to hold a daycare liable for injuries to their child even if they did sign the waiver. The following are examples of daycare negligence that may be grounds for liability: 

  • Small objects are left around the property. Daycares are obligated by law to keep potential choking or toxic substances out of a child’s reach at all times.
  • If your child seems to be losing a significant amount of weight or seems hungrier than usual, they may be malnourished if they are not provided adequate amounts of food at daycare. 
  • Broken glass, rusted playground equipment, mold, or other hazardous property conditions. 

How Can I Pursue Legal Action for Negligence?

When a parent wants to hold a daycare provider liable for negligence that caused harm to their child, they are required to prove the injuries occurred as a result of the establishment’s behavior. This can be done with the assistance of an experienced attorney to prove the following in a lawsuit: 

  1. The child was enrolled in the daycare and the establishment owed a duty of care to the child
  2. The daycare employer or the staff breached their duty of care through negligent behavior 
  3. The child’s injuries were a direct result of their negligence
  4. The child suffered significant damages due to the accident

Evidence that can be helpful in trying to prove the above can include medical documentation of the child’s injuries, a police report, pictures of the injury and the safety hazard, and more.

Contact our Firm

If you have been injured in a personal injury 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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