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Whether you leave your child with a family member, a friend, a trusted neighbor, or a daycare facility, when you and your spouse work, some sort of daycare is a necessity. When you put your child in another person’s care, it implies that you trust them with your child’s life. Unfortunately, certain daycare employers do not understand the importance of their jobs and the responsibility they have.

If your child was injured due to either a negligent daycare employer or staff member, you are probably angrier than words can say, and are now looking into recovering financial compensation to help cover the damages. If you are interested in pursuing legal action against a daycare facility, here are some of the questions you may have:

What does daycare negligence look like?

Daycare negligence comes in several ugly forms. Some of which are as follows:

  • 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

How do I file a lawsuit against a negligent daycare?

To file a lawsuit against a negligent daycare institution, your attorney must establish that the service owed your child a duty of care, breached that duty of care, and that your child was injured as a direct result of that breach, causing you and your family to suffer significant damages. You must hire an experienced attorney who is capable of gathering and presenting all the evidence necessary to prove your claim.

How do I prove negligence?

Proving another party’s negligence is not always easy, and in this case, it may be even more painful, since it concerns your child. However, you must stay strong and work with your attorney to provide pictures of both the safety hazard and your child’s injuries, witness statements confirming your claim, pictures or video of the incident, medical documents detailing the extent of your child’s injuries, and more. If you suspect your child is being abused, you must call 911 right now. A police officer will protect your child and write up a police report of the incident, which you may also use to prove your claim.

Contact our experienced New York City 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 significant compensation to ease some of your burdens. To schedule a consultation with an experienced personal injury 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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