What Should I Do If My Child Is the Victim of Daycare Negligence?

You trust that your child’s daycare is a safe space for them to learn and play. So when they unexpectedly become the victim of daycare negligence, the aftermath can be devastating. Read on to discover the common forms of daycare negligence and how a seasoned Parsippany, New Jersey personal injury lawyer of The Macri Law Firm can guide you through filing a premises liability claim.

What are the most common forms of daycare negligence in the state of New Jersey?

Unfortunately, daycare negligence occurs more often than you may think in the state of New Jersey. The most common forms read as follows:

  • The daycare staff neglects to remove sharp (i.e., scissors) or hazardous materials (i.e., cleaning products) within your child’s reach.
  • The daycare staff neglects to remember your child’s food allergies.
  • The daycare staff neglects to monitor your child’s whereabouts.
  • The daycare staff neglects to maintain clean premises (i.e., high-touch surfaces are not frequently sanitized).
  • The daycare employer neglects to screen employees who may be unsafe around children.
  • Your child is injured on rusty or defective playground equipment (i.e., swings, slides, seesaws, etc).
  • Your child is fed spoiled food or unclean water.
  • Your child is exposed to asbestos or mold.

What should I do if my child experienced daycare negligence?

If your child experienced daycare negligence and was injured as a result, then you may file a premises liability claim. For your claim, you must prove the following:

  1. Your child was enrolled in the daycare, and thus the daycare employer and staff owed your child a duty of care.
  2. The daycare employer and staff breached their duty of care and instead practiced negligence.
  3. Your child was injured as a result of the daycare employer’s and staff’s negligence.
  4. Your child incurred damages due to their accident.

That said, you can prove the above points by gathering the following pieces of evidence:

  • Photos and videos of the scene, including your child’s injuries and any hazards that may have contributed to their accident.
  • A doctor’s note that states the date, time, and severity of your child’s injuries.
  • Witness testimonies, which can be requested later on.
  • Security camera footage, which can be retrieved with the help of an attorney.

If you require assistance with satisfying this burden of proof, do not hesitate in reaching out to a competent Morris County personal injury lawyer today. Importantly, you should do so before New Jersey’s statute of limitations, which is generally two years from the date of the accident. Give our firm a call today.


If you require the services of an experienced team of attorneys for legal matters related to estate planning, personal injury, or medical malpractice, contact The Macri Law Firm today to schedule a consultation.