Hiring a Lawyer for an Unlicensed Daycare Injury

Child Care in North Carolina

The Division of Child Development and Early Education regulates childcare establishments in North Carolina. Broadly, you are regulated by the state if you are caring for more than two children, who are not related to you, for more than four hours a day. There are exceptions to this, including organized clubs such as the Boy Scouts, short-term recreational programs, cooperative arrangements among parents, and more. To operate a childcare center in North Carolina, organizations must apply and attend workshops as required by the state. Operating without a license is a Class I felony.

Unlicensed Daycare and Child Care Facilities

Unlicensed facilities abound in North Carolina. They may offer greater flexibility and affordability than traditional providers, but they may also be inadequately equipped to provide proper care for children. A 2025 study found that of the 707,000 children aged 0-5 living in North Carolina, roughly 64% (457,000) come from households with two working parents. That makes child care an essential service for many families. Regulated facilities are often seen as expensive and time-consuming, leaving some parents to look to family, friends, or home-based child care.

Home-Based Child Care

The majority of children aged five and under, with both parents working, are cared for in their homes or in other home-based groups. Not all of these conditions mean the provider must have a license—for example, a live-in nanny or an agreement with another parent. Home-based child care can also involve one person who is responsible for many children at a time and does not have a license to do so. Barriers to licensure, such as language or financial constraints, are sometimes a factor. However, unlicensed providers are not required to meet minimum health and safety standards, such as background checks or First Aid training.

Daycare Safety Regulations

Child care providers, both licensed and not, are human, and accidents can occur. However, there are plenty of steps daycares and other providers can take to prevent tragedy before it begins. Licensed providers/programs must meet health and safety standards to protect the children in their care. A few of the key protections include:

Staff to Child Ratio. Proper supervision is the first step in creating a healthy childcare environment. The number of providers required for children aged 0-12 months is 1:5. This ratio increases gradually with the age of the children in care, ultimately reaching a 1:25 ratio for children aged five and above.

Safety training. Staff must have up-to-date CPR and First Aid certification, as well as ITS-SIDS training, if they are caring for infants. The staff is also required to complete annual ongoing training to stay current.

Background checks. The government requires pre-service background checks for staff and every five years thereafter.

Dangers of Unlicensed Daycare Facilities

If an unlicensed daycare or child care facility fails to apply basic safety measures, tragedy can occur. The most common dangers of negligent daycare providers include:

Drowning

According to the CDC, an estimated 4,000 people die from drowning each year- roughly 11 people a day. These deaths are widespread among younger age groups. Drowning is the leading cause of death for children aged 1-4 and the second leading cause of unintentional death of children aged 5-14 (second to motor vehicle crashes). Additionally, there are an estimated 8,000 nonfatal drownings each year. Nonfatal drownings have the potential to cause lifelong health issues and costly medical bills. If a daycare has a pool on the premises, the owners must take immense caution to prevent accidental drownings. For example, an overwhelmed caregiver with too many kids in their care might lose track of a child or fail to secure a fence around a swimming area.

Abuse

It’s unthinkable that a person caring for children would ever harm them. Unfortunately, emotional, physical, and sexual abuse can occur. It’s an unimaginable pain for parents to learn that someone they have trusted with their child’s safety violates it. Some steps licensed agencies are required to take before hiring include a comprehensive background check. A background check not only identifies criminal activity but also confirms an applicant’s educational qualifications and job history. By implementing proactive strategies to identify potential abusers, a daycare can help protect children from future harm.

Intoxication

Having a firearm in the possession of a person who is under the influence of alcohol or drugs significantly increases the risk of a tragic incident. When an individual is intoxicated, their judgment, coordination, and reaction times are impaired, which can lead to careless behavior around weapons. Unfortunately, many accidental shootings happen because such individuals do not handle guns responsibly, often underestimating the dangers or becoming distracted.

Unsafe Facilities

The facility itself plays a large part in ensuring safety at daycare or childcare centers. North Carolina requires at least 25 feet of space per child indoors and 75 feet of space per child outdoors. Crucially, outdoor spaces must be fenced, and indoor equipment should be clean and well-maintained. The regulation also specifies that a space must be free of hazards to children. For example, locking up dangerous chemicals or preventing access to hot surfaces without supervision.

Our attorneys are experienced in pursuing justice for children injured by daycare negligence. If your child was injured or abused in a child care facility, contact us for expert guidance and representation.

Liability for Injuries at Unlicensed Day Care

The first step in recovering compensation for a daycare injury or wrongful death is establishing liability. Your attorney must prove that the daycare or child care provider failed to exercise an appropriate “standard of care” expected in the industry. The person or organization responsible for supervising a child must take reasonable steps to ensure their safety. An attorney will investigate the at-fault party for instances of negligence that resulted in a child’s injury or death. This may include collecting surveillance footage and witness statements, among other things.

Damages

North Carolina law allows the family of an injured child who was the victim of negligence or abuse to recover monetary damages. The amount a family can recover depends on the severity of the child’s injury, the circumstances surrounding the child’s injury, and the money a defendant has. Licensed child care centers are required to carry liability insurance policies to operate. If your attorney can prove that a daycare or employee acted negligently to cause injury, you may be able to recover compensation from that policy. If the daycare or child care provider is not insured, your attorney can look to other sources for any possible compensation.

Contact Our Experienced Daycare Negligence Lawyers

When a child is in professional care, you should never have to worry about their safety. While it’s impossible for parents and guardians to feel completely secure without a constant eye on their children, there is a reasonable expectation that the trained professionals in whose care they leave their children will be conscientious of a child’s safety. The experienced unlicensed daycare injury attorneys at Maginnis Howard have decades of experience fighting for clients and their loved ones when the unthinkable happens. To schedule a free consultation, contact us today. We represent clients across the Carolinas from our offices in Raleigh, Charlotte, and Fayetteville.