Understanding Liability When a Child Is Hurt Under Someone Else’s Watch
Parents place a tremendous amount of trust in schools and daycares every day. When you drop your child off at the front door, you’re trusting that the staff will keep them safe, supervise them properly, and act quickly if something goes wrong. But when injuries happen—whether due to unsafe conditions, negligence, or even abuse—that trust is shattered.
So what happens next? Can you sue a school or daycare if your child is hurt?
Yes, in many cases you can. But personal injury claims involving children—especially those involving public schools or licensed childcare facilities—can be legally complex and time-sensitive.
This guide breaks down your legal options and what every parent should know.
👶 Common Injuries at Schools and Daycares
Children are naturally active, but not every injury is “just an accident.” When negligence plays a role, injuries may be preventable—and legally actionable.
Examples of injuries that may lead to a claim:
Playground accidents from broken or poorly maintained equipment
Slips, trips, and falls on unsafe surfaces
Lack of supervision leading to fights or bullying injuries
Burns or cuts from unsafe classroom tools
Food poisoning or allergic reactions from improper food handling
Sports injuries due to lack of protective gear or adult oversight
Bus or transportation accidents
Physical or emotional abuse by staff
Even “minor” injuries can have long-term consequences for a child, especially when head trauma or broken bones are involved.
⚖️ Who May Be Liable for a Child’s Injury?
Depending on where the injury happened and how it occurred, several parties may be responsible:
🔹 Public Schools
Run by government entities (like school districts)
Protected by sovereign immunity laws
You must file a government claim notice before suing
Often strict deadlines apply—as short as 6 months
🔹 Private Schools or Daycares
Can be sued like any other business
Claims may include negligence, premises liability, or abuse
Liability may extend to teachers, aides, administrators, or owners
🔹 Third Parties
Outside contractors (janitors, cafeteria vendors, maintenance workers)
Bus companies or drivers
Other parents or visitors on campus
A personal injury attorney can investigate and determine who should be held accountable.
🧾 What Must You Prove in a School or Daycare Injury Case?
To succeed in a claim, you’ll typically need to prove:
The school or daycare had a duty of care to your child
They breached that duty (through action or inaction)
That breach caused your child’s injury
Your child and family suffered damages as a result
It’s not enough that your child got hurt—you must show the injury happened because someone was negligent.
📸 What Evidence Can Help Your Case?
Incident reports from the school or daycare
Photos of the scene and injuries
Medical records and doctor’s notes
Witness statements (staff, children, or parents)
Maintenance or safety inspection logs
Emails or communications from the school after the incident
Surveillance footage (if available)
🔔 Tip: Act quickly—schools may not keep records or footage for long.
💰 What Compensation Can You Seek?
If your child was injured due to negligence, your family may be entitled to:
Medical expenses (current and future)
Physical therapy or psychological counseling
Pain and suffering
Emotional distress
Special education or academic support needs
Lost wages (if a parent had to take time off work)
Long-term disability or disfigurement
In extreme cases—such as abuse or gross negligence—punitive damages may also be awarded.
📆 Time Limits Are Crucial
California allows 2 years for most personal injury claims. But if you’re suing a public school, you must file a government tort claim within 6 months of the injury.
If the claim is denied, you have a limited time to file a formal lawsuit. These deadlines are strict—missing them could bar you from recovering anything.
✅ Conclusion: You Have the Right to Protect Your Child
No parent wants to see their child hurt—especially in a place that’s supposed to be safe. If your child was injured at a school or daycare due to unsafe conditions, neglect, or abuse, you don’t have to handle it alone.
An experienced personal injury attorney can help you understand your rights, gather evidence, and hold the responsible parties accountable. Your child deserves justice—and your family deserves answers.
