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What Happens if a Child Is Injured at a Daycare in New York?
What Happens if a Child Is Injured at a Daycare in New York?
Every morning, parents across New York drop off their little ones at daycare centers with the same silent hope: that their children will be safe, cared for, and happy until pickup time. Daycare is not just a convenience—it’s a relationship built on trust. So when something goes wrong, when a child is hurt under the care of a facility that promised to keep them safe, that trust is broken in the most painful way.
If your child has been injured at daycare, you’re probably feeling a mix of confusion, fear, and anger. You may be asking: How could this happen? What do I do now? Who is responsible? These are important questions, and you deserve answers. At Hill & Moin LLP, we believe parents should never feel alone in these moments. Let’s walk through what happens next—and how to protect your child’s rights, and your own peace of mind.
When Accidents Happen
Children are naturally curious and active. Bumps and bruises are part of growing up—but there’s a world of difference between a scraped knee and a serious injury caused by neglect. New York State has strict regulations for childcare centers, enforced by the Office of Children and Family Services (OCFS), covering everything from staff qualifications to emergency preparedness.
When a daycare fails to follow these rules, and a child is injured as a result, it may be considered negligence—a key factor in many personal injury cases.
Take a real-world scenario: three-year-old Emma wanders into an unlocked storage closet and suffers chemical burns from cleaning products. Her parents are devastated—and full of questions.
What happened? Why wasn’t the closet secured? Where was the supervision?
Common Causes of Daycare Injuries
Sadly, stories like Emma’s are not rare. Common causes include:
- Inadequate Supervision: One caregiver overseeing too many children, violating OCFS-required staff-to-child ratios.
- Unsafe Premises: Broken playgrounds, unlocked cabinets, or poorly maintained facilities.
- Negligent Hiring: Employees lacking background checks or proper training.
- Physical Abuse or Neglect: Sometimes, misconduct by staff leads to harm.
- Failure to Accommodate Medical Needs: For instance, ignoring known allergies or failing to administer medication.
These are often preventable, and if your child is hurt due to one of these reasons, the daycare may be held legally responsible.
If your case involves dangerous premises, you may want to explore premises liability as a legal pathway.
What to Do Immediately After a Daycare Injury
After ensuring your child receives medical attention, take the following steps:
- Document Everything: Photos of injuries and the environment, written notes, and medical records.
- Request an Incident Report: Licensed daycares are required to report injuries.
- Speak with Witnesses: Parents, staff, or children may offer useful details.
- Preserve Evidence: Save any clothing or objects involved in the incident.
- Contact a Personal Injury Attorney: At Hill & Moin LLP, we offer free consultations to help you understand your rights.
Who Can Be Held Responsible?
New York law allows multiple parties to be held accountable, including:
- The daycare facility or corporation
- Individual staff members
- Equipment manufacturers or maintenance contractors
Liability may also involve negligent security or failure to follow state licensing standards.
New York uses comparative negligence, which means damages may be apportioned among multiple parties, depending on their level of responsibility.
What Compensation Could You Receive?
You may be eligible to recover damages such as:
- Medical bills (including future rehabilitation)
- Emotional distress and trauma counseling
- Loss of enjoyment of life
- Parental lost wages
- Pain and suffering
If the injury results in a long-term disability, you may also need to consider a catastrophic injury claim.
The New York State Department of Health reports that unintentional injury is one of the leading causes of death and hospitalization among children under 14 [source].
Why Legal Help Matters
It might feel uncomfortable to consider a legal claim, especially if you’ve built a rapport with the daycare staff. But pursuing justice is about more than compensation. It’s about accountability, safety, and securing resources for your child’s recovery.
At Hill & Moin LLP, we bring decades of experience advocating for injured children and their families. Whether you speak English, Spanish, Russian, French, Yiddish, or Armenian—we’re here to make sure your voice is heard and understood.
We treat each case as if it were our own child, because we know how deeply this impacts your family.
How We Help Families Like Yours
When you reach out to us, we’ll listen to your story with compassion. During your free consultation, we’ll assess the facts, explain your legal options, and walk you through what happens next.
We investigate thoroughly—gathering photos, medical records, witness statements, and daycare history. We don’t stop until we know exactly what went wrong and who is responsible.
And best of all? You don’t pay unless we win. We work on a contingency basis, so you never have to worry about upfront legal costs.
You Deserve Answers—And So Does Your Child
No parent should have to face this alone. You trusted a daycare to protect your child, and that trust was broken. You deserve answers. You deserve justice.
Let us help you protect your child’s future—and ensure that what happened to your family doesn’t happen to someone else’s.
Call Hill & Moin LLP today at (212) 668-6000, or contact us online to schedule your free case evaluation. Because when it’s your child, it’s personal.