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Daycare Liability Cases in New York | What to Know

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There is nothing more painful than relying on a daycare to care for your child, only to find that your child has been harmed as a result of their negligence. If you are facing this unfortunate situation, it is in your best interest to reach out to our legal team today to speak with an experienced New York City & Westchester County personal injury attorney.

What is a daycare liability clause?

In most circumstances, when registering your child in daycare, the daycare will try to get you to sign a daycare liability clause. The primary purpose of this clause is to get you to waive your right to sue the daycare if anything bad happens to your child. Note that you do not have to sign this clause, however, if you have already signed a clause and you believe your child was injured because of the daycare’s negligence, there is a very high chance that you can still seek legal action against that daycare for your child’s right to compensation. With that being said, these lawsuits are seldom easy to win, which is why you should retain the services of our skilled attorneys who can collect and present all the evidence needed to fulfill the burden of proof.

What are the most common forms of daycare negligence?

Daycares have many responsibilities towards all who are registered in them. When they breach those duties, people can become seriously injured as a result. Some of the most common causes of daycare injuries include:

  • Daycare staff leaves certain objects within reach of young children. For example, small objects, such as paperclips, pose a serious choking hazard to small children, which is why they should never be left unattended. Also, cleaning products, especially colored, sweet-smelling liquids, can pose serious safety risks to small children as well, who may mistake them for drinks.
  • Daycare staff failing to preserve all playground equipment and toys often can result in injury, such as when playground equipment is allowed to get rusty or defective in some way.
  • Daycare staff fails to make sure that air, food, and water quality are all safe. Asbestos or mold in the air can be toxic, as can unclean drinking water. Also, in the age of COVID-19, daycares are liable for regularly sanitizing and cleaning the premises to ensure they lower the chances of spreading the virus.

Lastly, though no parent wishes to think about it, if you notice your child is losing weight, frequently coming home with bruises, or is constantly complaining of hunger or thirst, there is a chance your child may be a victim of abuse. No matter what, if you believe your child was harmed due to a daycare’s negligence or abuse, our firm is here to help. We are just one call away.


Baez Legal Group handles a wide array of injury claims, including those sustained in auto accidents, slip & falls, and more. Contact us today to schedule a free consultation.