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Liability For Daycare Injuries to Your Child in New York

Parents in New York City often have to use the services of a daycare provider to care for their child. When doing so, they trust that the center will provide responsible care and ensure that the child does not suffer any hurt. Unfortunately, some daycare facilities do not live up to expectations and negligence of daycare centers is one of the significant causes of injuries and even death of young children.

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Parents in New York City often have to use the services of a daycare provider to care for their child. When doing so, they trust that the center will provide responsible care and ensure that the child does not suffer any hurt. Unfortunately, some daycare facilities do not live up to expectations and negligence of daycare centers is one of the significant causes of injuries and even death of young children.

Having a child injured in a daycare accident can be a huge shock for the parents. The first priority in such situations is always to provide adequate medical care to deal with the injuries the child has suffered. However, it’s vital for families caught in such a situation due to negligence of the daycare center to take all legal measures possible to pursue claims against the service provider.

A competent and skilled daycare injury lawyer in New York can help such parents establish accountability of the daycare provider and recover compensation for the injuries sustained by the child. 

Possible Injuries at Daycare Facilities in New York

Although daycare facilities in NYC have employees whose primary responsibility is to care for the children, it is still possible that a child may be left unsupervised for a short time. Some employees may not take their responsibilities very seriously and neglect their duties or fail to provide adequate supervision.

In such circumstances, children may suffer playground hurts, or have a fall or ingest toxins. The negligence of an employee at a New York daycare facility can lead to a serious injury to children at the center. Generally, younger children, whose coordination skills are not as developed, are more likely to be hurt compared to older children.

If the childcare supervisor leaves the room, children will take the opportunity to climb a higher surface, and this can lead to a fall. If a child tries to use play equipment in the absences of a supervisor, they may accidentally end up hurting another child who is close by. When a childcare worker steps aside for a moment, a baby on the changing station may slip down or fall. In other words, the ineptness of a daycare worker is often the cause for injuries that children suffer at the daycare facility.

Several daycare service providers take all necessary precautions to provide safe and high quality care to the children they take in. However, data from the US Department of Health and Human Services shows that in 39 states of the USA, every year, more than 5,000 daycare service providers are found to be liable for child neglect or even abuse.

New York Law for Daycare Negligence

Under the law in New York, an individual who fails to act to provide the legally necessary degree of care for a given situation is considered to be negligent. Negligence may be of three types based on the circumstances – imputed, contributory, or comparative.

When caregivers at a daycare facility provide less than the reasonable standard of caring behavior, it may lead to children being injured or even killed. Unsafe premises, lack of sufficient maintenance of the play areas and equipment, committing acts of violence or abuse against a child and exposing children to dangerous persons or violence on the premises are all examples of negligence by daycare facilities, for which they can be sued.

A competent daycare injury lawyer in New York City can help to identify such cases of negligence and help parents get the rightful compensation they deserve.

What Constitutes a Case of Daycare Negligence?

An injury to children can be shocking for parents, so it’s natural for them to blame the daycare facility. However, not all cases of injury can be attributed to daycare employee negligence. A child who falls while playing on the playground or a kid being hurt in a minor scuffle while playing a contact sport are examples of an ordinary injury; such instances do not constitute negligence.

You may have a valid case of negligence by a New York daycare center if your child is subjected to the following:

  • Not given food or water on time
  • Not given medication that is due, or given excess medication or given the wrong/inappropriate medication
  • Denied access to the restroom
  • Diaper is not changed the entire day
  • Left alone when crying instead of being comforted
  • Allowed to leave the premises without supervision
  • Left with older children without supervision
  • Kept in a building that does not comply with local building codes
  • Put into a situation of danger

Determining if you have a negligence case can be a complex process. So it is crucial that you seek guidance from an experienced child injury attorney in New York City who can help you decide whether to file a civil lawsuit or a claim to get the compensation you deserve for the suffering your child underwent.

Common Children’s Injuries in Daycare Negligence Cases

Some of the most common injuries that children suffer due to negligence by a daycare service provider include the following:

  • Brain injury
  • Spinal injury
  • Scarring and disfigurement of the child
  • Injury due to defective products
  • Choking or fractures caused by toys with poor design
  • Child molestation
  • Sexual abuse of the child
  • Playground or amusement park injury
  • Dog bite
  • Premises liability
  • Crib injury or crib death due to negligent caregivers
  • Drowning
  • Injury in a car or automobile or school bus accident
  • Wrongful death

Outcomes of Child Injuries in a Daycare Accident

When a child is injured in a daycare facility, there is a need to provide medical attention for the physical injuries suffered. Because young children have impressionable minds, there is also often a psychological component of the injury that must also be considered. Some accidents or acts of abuse or molestation can cause severe emotional scars that need years of counseling and therapy for the child to overcome.

If the daycare injury has led to a physical deformity or disability, it can pose a challenge to the quality of life for not just the affected child, but for the entire family. Severe injuries that lead to hospitalization or the need for lifelong treatment or rehabilitation take a toll on the finances of the family. Disability or deformity caused by the accident may require the family to make alterations to their house for the benefit of the child’s health.

The nature of education that the affected child requires may also change, posing a further challenge to the financial resources of the family. An experienced child injury attorney in New York can help you claim compensation from the responsible parties whose negligence has resulted in your child’s injury.

Who is Responsible for Child Injuries in a Daycare Facility?

When parents leave their child with a daycare facility, they trust all the employees there to care for their child as promised. However, the negligence of any one of the daycare team – a babysitter, a teacher, a supervisor, the daycare provider – can lead to an injury.

In some cases, daycare facilities use products or services that are considered safe. However, if these are not manufactured, installed, or maintained in the proper manner, the concerned entities can also be held responsible for the injuries sustained by your child.

Daycare facility owners often try to deflect the blame of an injury to the actions of the child in a bid to escape responsibility. Their insurance service providers may seek to convince you to accept some monetary settlement instead of filing a claim for damages.

It is vital you remember that any such arrangements will almost definitely be far lesser than the damages you are entitled to under the law. An experienced and competent child daycare accident attorney in NYC can help you pursue your legal claims to get the compensation to which you are legally entitled.

Speak to an Experienced NYC Child Injury Lawyer Today

If your child has been injured by the negligence of a daycare service provider, or due to a defective product on their premises, the daycare facility can be held responsible for the injury. To find out the compensation to which you are entitled under the law, get in touch today with our experienced child injury attorneys in NYC at Rosenberg, Minc, Falkoff & Wolff, LLP at 212-344-1000 to schedule a free consultation.

With several decades of experience in dealing with cases of negligence and wrongful death by daycare centers in New York City, our team of lawyers can help you build your case in the most effective manner. Depending on what are the specific requirements in your child injury case, we will help you deal with insurance providers, get your child the best resources for recovery, and hire experts in child health to testify in your case.

Having a child injured due to negligence of a daycare facility you trusted can be a traumatic experience for parents. Get in touch with our team of New York daycare accident attorneys today to ensure that you get the compensation you rightfully deserve for all the suffering and losses your family has undergone.

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Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
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Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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