Skip to content

Personal Injury Lawsuits After Children are Injured at Daycare


While children are naturally prone to getting injured in any environment, including daycares, day care providers do have a responsibility to make their environment safe and protect the safety of all children in their care.

Illinois law designated the Illinois Department of Children and Family Services to regulate childcare in the state. Illinois has several regulations that govern daycare centers. These regulations are designed to offer safe places for children. Unfortunately, children may be injured at daycare for several reasons, including: • Unsafe toys, • Lack of supervision, • Choking hazards, • Unsanitary conditions, or • Unsafe playground equipment.

Injuries may also be the result of physical, emotional or sexual abuse. Just last month, a woman in Illinois was arrested on suspicion of child battery for allegedly injuring a boy under two years old at a daycare facility she operates. In this case, the boy suffered retinal bleeding and injuries associated with shaking or blunt force trauma.

According to the National Center for Education and Statistics, 60% of infants, toddlers and preschool-aged children are enrolled in childcare. More than 30,000 children aged 4 and younger have been treated in emergency rooms for injuries sustained in childcare settings. Common injuries include: • Lacerations, • Bumps and bruises, • Fractures, and • Dental injuries.

The majority of these injuries occur on the playground, while more than half of concussions and fractures are caused by falling from playground equipment.

In many cases, children in daycare are too young to tell parents about abuse or injuries sustained at daycare. This is why it is very important to obtain medical attention immediately if you suspect your child has been harmed.

Daycare workers must have adequate training and supervision, yet all too often daycare centers leave children with underpaid or poorly trained workers.

Researching Your Daycare Facility No child should be hurt at daycare. Before choosing a child care facility, follow these tips.

1. Do an online search for the name of the facility to look for inspection reports and complaints.

2. Drop in on the daycare unexpectedly occasionally to see what goes on.

3. Always ask the daycare provider if they are on probation or if there are issues with their license.

4. As about the daycare’s disciplinary policy.

5. Ask about the child to staff ratio, as accidents are more likely to happen when staff are responsible for too many children.

Has Your Child Been Injured? Most daycare facilities have insurance that provides medical benefits without a claim for liability being made. Before filing a personal injury lawsuit for your child, you should present a claim to the insurance carier. When you do this, however, it may be a good idea to have a personal injury lawyer review your proposal to make sure you are not waiving your child’s rights.

Any claim should protect your child, including medical costs and compensation for disability or pain and suffering. Because a child is a minor, it is necessary to complete a probate proceeding to appoint a guardian to make a claim on the child’s behalf.

If your child has been injured or abused at a daycare facility, contact Mike Agruss Law, for a free consultation. We are a personal injury law firm representing children and their parents who have suffered an injury due to a daycare accident or negligence. Mike Agruss Law, will handle your personal injury case quickly, will advise you every step of the way, and will not hesitate to go to trial for you.

Lastly, Mike Agruss Law, does not get paid attorney’s fees unless we win your case. Our no-fee promise is that simple. Therefore, you have nothing to risk when you hire us–just the opportunity to seek justice.

Submitted Comments

No Comments submitted yet. Sharing your story will help others!

We are listening

We will respond to you at lightning speed. All of your information will be kept confidential.

Form successfully submitted!