Daycare Provider Negligence

Do I Have a Case?

Do I Have a Case?

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Daycare provider negligence is failure to properly supervise a child. If a child is lost, injured, or otherwise harmed due to lack of reasonable supervision, this can be considered negligence. 

Most parents believe that only physical abuse, such as hitting or restraining a child, amounts to negligence that could result in civil or criminal liability. This belief is not however true. Negligence in a child care setting is the breach of the child care provider’s duty to the children, which is to treat them with reasonable care. This duty includes keeping the children safe and providing for their physical, emotional and psychological needs, including proper food, rest, and appropriate activities within a secure environment. A breach of this duty can be physical, but it can also be psychological. Also a breach of this could not be related directly to childcare, such as dangerous buildings, outdoor spaces, and other areas that the children have access to.

As a parent or guardian you should be aware of the signs of child care negligence. These can range from physical marks on your child to something much more subtle. You could also notice signs of negligence at the daycare center or provider’s home and not through your child at all. 

After some research there are 7 signs of child care negligence that you should know. 
  • There are not enough adult care providers based on the number of and age of children attending the at-home care or daycare facility. 
  • Small clutter or office supplies are within children’s reach. These items can be harmful or even deadly such as paper clips, push pins, small lids, etc. and should not be left where a child could reach them. These items could kill the child if they were swallowed and lodged within the child’s airway. 
  • Cleaning supplies are within the children’s reach. The chemicals within the supplies can be harmful or deadly to the children if ingested.
  • Your child comes home with scratches, bruises, and other physical marks. As a parent you know when your child comes home with a common injury like a scrap or a cut from a fall. But, be on the look out for too many or inexplicable injuries on the child’s wrists, upper arms, back or abdomen. 
  • Your child is constantly hungry or thirsty. If your child is consistently in need of food or water when you pick them up from daycare, this could be a sign that the providers are not adequately nourishing your child.
  • Your child becomes withdrawn. Neglect and emotional abuse can have extreme effects on children’s moods and long-term emotional health. If your child’s demeanor has changed and they have become withdrawn at home, this could be a sign of mistreatment by a child care provider.

If you believe your child has been hurt at a daycare facility or that the premises are not safe, find an alternative child care provider immediately, have your child examined by a trusted physician and contact an experienced Cochran Firm attorney as soon as possible. We can investigate the situation, including whether the child care facility is compliant with the law and whether there is evidence of negligence. 


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The Cochran Firm handles Medical Malpractice, Catastrophic Personal Injuries, Motor Vehicle Accidents & Wrongful Death Claims for clients throughout the United States of America. The information on this website does not constitute legal advice nor form an attorney-client relationship. Please contact The Cochran Firm today to schedule a free consultation.
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