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Premises Liability: Daycare Negligence

Premises Liability

It is a nightmare situation that happens all too often; a child incurs an injury while under the care of a trusted childcare facility. Daycare staff must go through rigorous background checks and first aid training. Even a small mistake can have dire consequences- just a few years ago a young child died after ingesting a pushpin at a daycare facility. The child was permitted to use the restroom without supervision and discovered and swallowed a pushpin in this time. These types of cases are horrific and devastating, especially when it’s entirely preventable. If you or someone you know lost a child due to the negligence of a daycare facility, contact an injury attorney in Sacramento immediately.


  • Improper storage of cleaning materials and medications
  • Improper storage of sharp objects such as scissors and knives
  • Stairwells or entryways to dangerous areas such as high-traffic hallways
  • Poorly maintained daycare vehicles
  • Poorly maintained or manufactured furniture
  • Poorly maintained, manufactured, or organized storage facilities, for example with heavy materials stored on high shelves, increasing the risk of collapse or falls.
  • Improper use of cribs
  • Use of any recalled products
  • Insufficient supervision in a wide range of circumstances

Possible Injuries

  • Falling
  • Being struck by falling objects
  • Ingesting a dangerous item
  • Choking
  • Pet bites
  • Bites or injury from other children
  • Poisoning
  • Chemical burns
  • Injury during transportation in daycare vehicles
  • Physical abuse from staff
  • Emotional abuse from staff

No parent should ever have to go through losing a child. The emotional agony in addition to financial burdens can be overwhelming. Contact an injury attorney in Sacramento who can fight your legal claim.

Applicable Laws & Regulations

  • There must be a ratio of 1:4 staff to children when children are 6 weeks to 18 months
  • There must be no more than 12 children receiving care at a facility at one time when children are 6 weeks to 18 months
  • There must be a ratio of 1:6 staff to children when children are 18 months to 3 years
  • There must be a ratio of 1:12 staff to children when children are 3 to 4 years
  • There must be a ratio of 1:14 staff to children when children are 5 years and older
  • There must be emergency numbers posted by every phone in the daycare facility
  • There must be a stocked and easily reachable first aid kit at the facility
  • Hazardous chemicals and poisonous materials should not be accessible to children
  • Staff must be certified in pediatric first aid

There are many other relevant laws, including those regarding licensure and background checks of employees. Every case is different and an experienced injury attorney in Sacramento can help you with yours.

Though many daycare facilities require parents to sign forms promising not to sue should their child be injured while in the center, these usually do not hold up in court if the injuries are severe.

How to Build a Case

  1. Prove the daycare facility had a duty of care to protect the child from harm
  2. Prove the daycare facility violated this duty of care
  3. Prove that this breach of the duty of care resulted in an injury to the child
  4. Prove the foreseeability of the injury
  5. Prove the extent and expense of the injury of the child

What to Do after an Incident

While it may be the last thing a parent wants to think about, especially in the tragic case of a child’s death, it’s important to act within a reasonable amount of time to hold the daycare responsible for their negligence. This gives you the financial means to recover from the cost of care for your child and possibly prevents future incidents.

Daycare centers are required to do everything possible within reasonable means to protect a child from injury. Neglecting this responsibility could be considered as negligence in a court of law. The cost sustained from injury may include actual medical costs, loss of income due to missed work, as well as compensation for pain and suffering.

Speak with an Injury Attorney in Sacramento about Daycare Negligence

If you have a child that has suffered physically or mentally while under the care of the staff at a daycare facility, it is important to contact a knowledgeable law firm who can help you get the compensation you deserve. Call (916) 357-6767 for a free consultation with an injury attorney in Sacramento.

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