Can You Sue a Daycare?

At Rosenfeld Injury Lawyers, we help families throughout Chicago asking the question, “Can you sue a daycare?” Whether the injury resulted from a lack of supervision, an unsafe facility, or even physical abuse, our daycare injury attorneys in Chicago can guide you through your legal options.

Yes, you can sue a daycare if your child suffers injuries due to negligence. Parents trust daycare providers to keep their children safe, and when that trust is broken, the law provides a way to hold the facility accountable. 

If a daycare provider fails to supervise properly or maintain a safe environment, families may have a valid legal claim and can seek financial compensation through a daycare injury lawsuit.

Understanding Daycare Responsibility for Your Child’s Safety in Illinois

Daycare providers in Illinois have a legal duty of care to protect the children under their supervision. That includes providing constant, age-appropriate monitoring, maintaining safe play areas, securing all hazardous items, and following the standards outlined by the Illinois Department of Children and Family Services (DCFS) to avoid daycare injuries. 

These facilities must meet specific licensing requirements and staffing ratios designed to prevent foreseeable harm. When a daycare provider cuts corners or ignores these obligations, injuries are more likely, and the law allows parents to take action.

When is a Daycare Considered Negligent?

Daycare negligence occurs when a provider fails to act as a reasonable and responsible childcare facility would under similar circumstances. 

If a child is injured due to this failure, and the injury could have been prevented with proper care, you can hold a daycare liable in a civil lawsuit. A successful claim typically requires showing that the daycare owed a duty of care, breached that duty, and caused the child’s injuries as a direct result of that breach.

Common Causes of Daycare Accidents and Injuries

Daycare environments present countless opportunities for injury when proper supervision is lacking. Some of the most common causes of daycare injuries due to negligence include:

• Inadequate supervision or staff distraction
• Broken or unsafe playground equipment
• Falls from changing tables, stairs, or furniture
• Choking hazards from toys or food
• Slip-and-fall accidents on wet or cluttered floors
• Unsecured cleaning chemicals or sharp objects

Even small oversights in these areas can result in significant harm to a child.

Playground Accidents: A Leading Cause of Harm

Many daycare accidents occur on playgrounds, where children are most active and vulnerable. Falls from swings, slides, or climbing structures can lead to serious injuries, including head trauma, broken bones, or facial lacerations. 

Often, these daycare negligence incidents are linked to a lack of supervision or poorly maintained playground surfaces that fail to absorb impact. Daycares are legally obligated to inspect and maintain play equipment, and failing to do so may be grounds for a daycare negligence settlement.

Negligent Supervision and Its Consequences

Negligent supervision is one of the most common—and preventable—forms of daycare negligence. When staff members are distracted, overwhelmed, or insufficiently trained, children can wander into unsafe areas, ingest dangerous items, or become victims of intentional harm from other children or adults.

For example, a toddler left unsupervised may access a storage closet containing cleaning products, or a preschooler may fall from a play structure while no adult is nearby. Some tragic cases result in an injured child through bullying or physical abuse because no one was monitoring closely enough to intervene. When these failures result in injury, parents and caregivers can sue a daycare provider under Illinois law.

Liability for Unsafe Premises or Defective Equipment

Daycare facilities are responsible not only for supervision but also for the physical environment in which children spend their time. If a child is hurt because of defective toys, broken furniture, unsecured stairways, or improperly stored materials, the daycare providers may be liable for creating or ignoring unsafe conditions. 

Failing to perform regular maintenance or using worn-out or recalled products increases the risk of injury and strengthens a parent’s claim for damages in a daycare negligence settlement.

Steps to Take After Your Child Suffers Injuries at Daycare

If your child experienced harm while in daycare, taking the right steps early on can protect your family’s legal rights:

• Seek immediate medical attention for your child and follow all treatment recommendations
• Document the injuries with clear photos and keep records of all medical bills
• Report the incident to the daycare’s management and request a written incident report
• Preserve any related evidence, including clothing, toys, or photos of the scene
• Contact a Chicago child injury attorney to review your case and begin an investigation

Quick action helps preserve the evidence needed to build a strong daycare injury lawsuit.

Proving Negligence in a Daycare Injury Lawsuit 

To succeed in court, your attorney must demonstrate that the daycare provider was negligent and that this negligence directly caused your child’s injuries. 

Evidence may include internal daycare documentation, video footage, medical evaluations, statements from staff and other parents, and expert analysis of industry standards. In some cases, expert testimony may be used to explain how proper safety practices could have prevented the injury.

Compensation Available for Your Child’s Injuries

When a child is hurt because a daycare failed to uphold its responsibilities, the law allows families to seek compensation for a range of damages. Your daycare negligence settlement may include compensation for:

• Past and future medical bills and expenses
• Therapy and rehabilitation costs
• Pain and suffering the child has experienced
• Emotional trauma or psychological effects
• Compensation for permanent disability, disfigurement, or long-term care

Our team works with pediatric specialists and life care planners to assess the full scope of a child’s losses, including any impact on future quality of life.

Why You Need a Chicago Daycare Injury Attorney

Suing a daycare provider is not a simple process. Facilities often have commercial insurance and legal teams prepared to protect their reputation and minimize payouts. Having an experienced injury attorney on your side is critical. 

At our law firm, we investigate the circumstances of the incident, gather evidence of daycare negligence, and work with medical experts to understand the full extent of your child’s injuries. We also handle all communication with insurance companies and fight for a fair daycare negligence settlement that reflects your child’s needs today and in the future.

Contact Us to Discuss Your Daycare Accident Case

If your child was hurt at a Chicago daycare, you may be entitled to file a daycare injury lawsuit and hold the facility accountable. 

Our Chicago personal injury attorneys offer a free consultation to help you understand your options, and we work on a contingency fee basis—you pay nothing unless we win compensation for your family.Call us today at (888) 424-5757 or through our form to schedule your consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.