Daycare Injuries & Abuse
Parents trust daycare centers and childcare providers with one of their greatest responsibilities: keeping their children safe. While minor bumps and falls are a normal part of childhood, serious injuries can occur when daycare facilities fail to provide adequate supervision, maintain safe premises, properly train employees, or protect children from abuse and neglect.
New Jersey childcare providers are subject to safety and licensing requirements designed to protect the children in their care. Licensed providers are expected to maintain appropriate supervision, safe indoor and outdoor environments, required staffing levels, and appropriate background checks and training.
When a child suffers a serious injury or abuse because a daycare center or childcare provider failed to meet its responsibilities, the child's family may have grounds to pursue legal action.
At The Law Office of Todd I. Siegel, we represent children and families throughout New Jersey in serious injury cases and help parents investigate whether negligence contributed to their child's injuries.
Common Causes of Daycare Injuries
Daycare centers care for young children who may not recognize dangerous situations or be able to protect themselves. Proper supervision and a safe environment are therefore especially important.
Daycare injuries may result from:
Inadequate supervision
Unsafe playground equipment
Falls from playground structures or furniture
Unsecured furniture or equipment
Choking hazards
Unsafe toys
Strangulation hazards
Burns and scalding injuries
Dangerous or improperly stored chemicals
Swimming pool accidents
Unsafe sleeping conditions
Food allergies and improper food handling
Medication errors
Failure to respond appropriately to a medical emergency
Improper transportation
Negligent hiring or inadequate employee training
Physical or emotional abuse
Other unsafe conditions
An accident occurring at daycare does not automatically establish negligence. However, a serious injury should be investigated when inadequate supervision, dangerous conditions, or improper staff conduct may have contributed to what happened.
Inadequate Supervision at Daycare Centers
Young children require consistent supervision. New Jersey regulations require direct supervision of children in childcare centers, including during outdoor activities, rest and sleep periods, and movement through the facility. Centers must also have procedures for keeping track of children and ensuring their safety.
A lack of appropriate supervision can allow a preventable situation to become a serious emergency.
Examples may include:
A child falling from playground equipment while unsupervised
A toddler gaining access to a choking hazard
Children leaving a classroom or facility unnoticed
A child being injured by another child without staff intervention
A child gaining access to dangerous chemicals or equipment
A child being left unattended near water
Staff failing to notice signs of choking or medical distress
When a daycare fails to provide appropriate supervision and a child is injured as a result, the facility may potentially be held responsible for the resulting harm.
Daycare Abuse and Neglect
Some daycare cases involve more than accidental injuries. Children can also suffer physical abuse, emotional abuse, sexual abuse, or neglect while in the care of individuals who were supposed to protect them.
New Jersey childcare regulations prohibit staff members from using corporal punishment, abusive language, humiliating or frightening treatment, or other forms of child abuse or neglect.
Possible forms of daycare abuse or neglect may include:
Hitting, shaking, or physically harming a child
Excessive or inappropriate physical restraint
Harsh or humiliating punishment
Verbal or emotional abuse
Sexual abuse
Withholding food or necessary care
Leaving children unattended
Ignoring medical needs
Failing to protect children from dangerous conditions
Failing to intervene when another child or staff member poses a danger
Young children may have difficulty explaining what happened to them, making changes in behavior or physical condition particularly important for parents to recognize.
Signs of Possible Daycare Abuse or Neglect
Children do not always tell their parents when something is wrong. Very young children may not have the language necessary to explain what happened, while older children may be frightened, embarrassed, or confused.
Possible warning signs can include:
Unexplained bruises, cuts, burns, or other injuries
Frequent injuries without reasonable explanations
Sudden fear of attending daycare
Fear of a particular employee or caregiver
Changes in sleeping patterns
Nightmares
Changes in eating habits
Unusual aggression
Withdrawal or anxiety
Regression in previously developed skills
Unexplained behavioral changes
Sexualized behavior that is inappropriate for the child's age
Frequent hunger, thirst, or poor hygiene
These signs do not necessarily establish that abuse occurred, but unexplained or concerning changes should be taken seriously.
Serious Injuries That Can Occur at Daycare
Daycare negligence or abuse can result in injuries ranging from relatively minor conditions to permanent disabilities.
Serious injuries may include:
Traumatic brain injuries
Concussions
Broken bones
Spinal cord injuries
Choking and strangulation injuries
Anoxic or hypoxic brain injuries
Burns
Internal injuries
Drowning and near-drowning injuries
Scarring and disfigurement
Poisoning
Allergic reactions
Emotional and psychological trauma
Permanent neurological injuries
A serious injury during early childhood can have consequences that continue as the child develops and may require extensive medical treatment, rehabilitation, therapy, or specialized education.
Playground and Fall Injuries at Daycare
Falls are common among children, but daycare facilities should take reasonable measures to reduce unnecessary hazards.
Dangerous playground equipment, inadequate supervision, poorly maintained surfaces, unsecured furniture, open stairways, and other unsafe conditions can lead to serious accidents.
A fall can cause broken bones, head injuries, spinal injuries, facial injuries, and other trauma. When a child suffers a significant fall, the circumstances surrounding the accident should be examined to determine whether proper supervision and safety measures were in place.
New Jersey childcare rules also impose reporting and parental-notification requirements for certain injuries, including specified head or facial injuries, significant falls, and injuries requiring professional medical care.
Choking and Strangulation at Daycare
Young children are especially vulnerable to choking and strangulation hazards.
Small toys, food, coins, batteries, cords, strings, straps, and other objects can become dangerous when they are accessible to young children.
Daycare providers should consider the age and developmental abilities of the children in their care when selecting toys, serving food, arranging sleeping areas, and maintaining classrooms and playgrounds.
A severe choking or strangulation incident can interrupt oxygen to the brain and result in permanent neurological damage, developmental disabilities, coma, or death.
Food Allergies and Medical Emergencies
Daycare providers may be responsible for caring for children with allergies, medical conditions, or prescribed medications.
A failure to follow a child's documented medical needs can have serious consequences. Potential incidents may involve:
Serving food containing a known allergen
Failing to recognize an allergic reaction
Medication errors
Delayed administration of emergency medication
Failure to recognize breathing difficulties
Failure to obtain emergency medical assistance
Inadequate staff training for medical emergencies
New Jersey's childcare licensing framework includes health and safety training addressing emergency response, food and allergic reactions, safe sleep practices, and pediatric first aid and CPR.
Negligent Hiring and Training of Daycare Employees
A daycare center's responsibility extends beyond simply maintaining its building. The individuals hired to care for children must also be appropriately screened, trained, and supervised.
Depending on the circumstances, a case may raise questions about whether a daycare:
Conducted required background checks
Properly trained employees
Maintained appropriate staff-to-child ratios
Investigated previous complaints
Responded appropriately to warning signs involving an employee
Properly supervised staff
Followed applicable licensing requirements
New Jersey requires comprehensive criminal background checks for childcare providers and staff who meet applicable criteria, and licensed centers are subject to state inspection and oversight.
When a facility ignores warning signs involving an employee and a child is subsequently harmed, the daycare's own conduct may become an important part of the investigation.
What Should Parents Do After a Serious Daycare Injury?
A child's immediate health and safety should come first. Depending on the circumstances, parents may also want to document the incident and preserve information that could later help explain what happened.
Important evidence may include:
Photographs of the child's injuries
Medical records
Incident reports
Communications with daycare employees
Names of employees and potential witnesses
Surveillance footage
Photographs of the location where the injury occurred
Daycare policies and procedures
Licensing and inspection records
Previous complaints or violations
New Jersey makes childcare licensing and inspection information available to parents, and complaints regarding health and safety violations can be submitted to the state's Office of Licensing.
If there is reason to believe a child has been abused or neglected, New Jersey requires suspected child abuse or neglect to be reported to the State Central Registry.
Who Can Be Held Responsible for a Daycare Injury?
Liability depends on the circumstances surrounding the child's injury.
Potentially responsible parties may include:
Daycare centers
Daycare owners and operators
Individual childcare providers
Employees or supervisors
Property owners
Contractors
Transportation providers
Manufacturers of defective children's products
Other individuals or businesses whose negligence contributed to the injury
In some cases, more than one party may share responsibility. Investigating the incident can help determine whether safety requirements were violated and whether the injury could reasonably have been prevented.
Compensation for Daycare Injuries and Abuse
When negligence or wrongful conduct causes a child's injury, compensation may be available for the harm the child has suffered and the care they may require in the future.
Depending on the circumstances, damages may include:
Past and future medical expenses
Rehabilitation and therapy
Psychological counseling
Specialized educational services
Long-term personal care
Future loss of earning capacity
Pain and suffering
Emotional distress
Permanent disability
Scarring and disfigurement
Other damages available under New Jersey law
Serious injuries suffered during childhood can have consequences that extend into adulthood, making it important to consider the child's potential future medical, educational, and personal care needs.
Contact a New Jersey Daycare Injury & Abuse Lawyer
Parents should be able to trust that their children will be appropriately supervised and protected while attending daycare. When a daycare center, childcare provider, or other responsible party fails to provide a safe environment and a child is seriously injured, families deserve answers.
For more than 30 years, The Law Office of Todd I. Siegel has represented injured individuals and families throughout New Jersey. Our firm helps families investigate serious daycare injuries, identify potentially responsible parties, and pursue compensation when negligence or wrongful conduct causes preventable harm.
If your child suffered a serious injury or you believe your child was abused or neglected while in the care of a daycare facility or childcare provider, contact The Law Office of Todd I. Siegel to discuss your case and learn more about your legal options.
