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Daycare Negligence

When parents entrust their children to a daycare, they believe their children will be cared for and protected. Unfortunately, this is not always the case. Daycare negligence is a serious issue that can leave children vulnerable to catastrophic injuries. If your child was injured by the negligent actions of a daycare or its employees, contact our attorneys immediately.

Examples of Daycare Negligence

Daycare negligence refers to various failures by childcare providers that can result in harm to the children in their care. Common examples of such negligence include:

  • Lack of Adequate Supervision:  Children require constant supervision to prevent accidents and injuries, and a lack thereof can lead to dangerous situations. Daycare centers must have enough qualified staff members to ensure the safety and well-being of children. Understaffing can result in inadequate care and supervision.
  • Unsafe Facilities: Daycares must maintain a safe physical environment for children. This includes keeping the facility clean, in good repair, and free from potential hazards.
  • Improper Training: To provide the best care possible, staff should be adequately trained in childcare, first aid, emergency procedures, and child development.
  • Neglecting Basic Needs: Failing to provide for children’s basic needs, such as food, water, rest, and bathroom facilities, is, in some cases, negligence.
  • Emotional Abuse: Daycare staff should create a nurturing environment. Emotional abuse or neglect can have long-lasting effects on a child’s development.
  • Physical Abuse: Any form of intentional bodily harm to a child is not only negligent but, in some cases, punishable by law.
  • Failure to Screen Employees: Federal law requires childcare centers to conduct background checks on employees.
  • Not Following Regulations: Daycares must comply with local, state, and federal regulations to ensure child safety.
  • Medication Errors: Incorrectly administering medication or failing to follow a child’s medical instructions can have serious consequences.

Daycare negligence attorneys specialize in representing families affected by such negligence.

Establishing Liability

Proving liability in a North Carolina daycare negligence case hinges on establishing that the harm suffered was due to the daycare’s failure to exercise the appropriate standard of care expected in the industry. This means showing that the daycare was responsible for ensuring the safety and well-being of the children. It also involves proving that this responsibility was violated through negligent actions or omissions and that this directly resulted in injury to the child.

Evidence for proving negligence may include witness statements, surveillance footage, records of the daycare’s policies and procedures, and expert testimony. In some instances, if it is found that the daycare hired an employee without conducting a proper background check, which is a standard procedure, and this resulted in an injury, the facility may be held accountable.


In North Carolina, if a child is injured due to daycare negligence, the family may be entitled to compensation. These may include reimbursement for medical expenses, compensation for the child’s pain and suffering, and potentially punitive damages if the negligence was particularly egregious. In cases where the negligence leads to long-term impairment or disability, additional compensation may be awarded to address future medical care and loss of quality of life. Families of daycare negligence victims should consult a personal injury attorney to protect their rights and get the best settlement possible.

Experienced Daycare Negligence Attorneys

Maginnis Howard’s personal injury attorneys are knowledgeable and dedicated advocates for children and their families affected by daycare negligence. If you or a loved one require a daycare negligence attorney, use our contact page or call us at (704) 376-1911. We have three conveniently located offices in Charlotte, Raleigh, and Fayetteville, North Carolina, and serve clients in South Carolina.

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