As parents, you always worry about your children and how safe they are when you’re not around. Sending them to daycare should give you comfort in knowing that your children are safe. Unfortunately, accidents can happen and sometimes it’s as a result of someone else’s negligence. If your child was injured at daycare, it’s normal to wonder what you can do about it. This article will help you understand liability and what you should do if your child was hurt at daycare.

Who’s Liable for Injuries at a Daycare Facilities?

There are laws and regulations in place to ensure that daycare facilities are as safe as possible. However, negligence can still happen and result in injuries. Sometimes accidents can happen and they are often unforeseen accidents or ones that just simply could not be prevented. You may be wondering about that liability waiver that you may have signed. While this can protect the daycare facility from some lawsuits, you did not sign a liability waiver excusing any negligence that caused harm to your child.

Is the daycare facility liable for the injuries to your child? There are some things to consider here:

  • Was the daycare facility aware of the hazardous condition that caused the accident?
  • The physical injury that occurred in the daycare facility.
  • Was the injury preventable?
  • How bad was the injury? How extensive was the treatment?
  • What steps did the daycare facility take after your child was injured?
What counts as negligence? Here are some examples:
  • If the child was left unattended for an extended period of time.
  • If they didn’t pay attention and fed the child something they were allergic to.
  • If they failed to properly vet and screen their employees.
  • If the equipment was defective and/or dangerous.
  • If the daycare facility left dangerous items within reach of the child.

What to Do if Your Child is Hurt at Daycare?

Even if you did sign a liability waiver, you still have rights. If your child was injured, you need to be sure that you start documenting everything. By having good records, you can hold the daycare facility responsible for your child’s injuries.

The first thing that you need to do is get medical attention for your child

Even if the child doesn’t seem seriously hurt, you don’t know if there are more serious injuries such as internal injuries. The healthcare providers can let you know the proper approaches to treatments.

Be sure that you talk to any staff or witness to see what happened. This is especially important if your child is unable to speak or properly articulate what happened to you.

But, you can get a better idea of what happened by speaking to everyone who was around during the accident.

This is also when you start documenting things. Save medical records, including any medical bills that you accrue. This means not only doctor visits, but also medications/treatments and diagnostics that are used to determine what injuries your child has. You should also keep track of any lost wages you have as a result of these injuries. Take photos and document your child’s injuries and recovery process.


If you need legal advice, you should seek out the help of a Cobb County personal injury attorney who has experience in this area. They can help you determine if you have a case, as well as what the next steps should be.