What Is Daycare Negligence in New Jersey?

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If your child was hurt as a result of a negligent daycare, it is in your best interest to consider your legal options. Our skilled Monmouth County personal injury attorneys are on your side.

What is a daycare liability clause?

The majority of the time, when registering your child in daycare, the daycare will try to get you to sign a daycare liability clause. The main objective of this clause is to get you to waive your privilege to seek legal action against the daycare if anything bad happens to your child. You will want to note that you do not have to sign this clause, however, if you have already signed a clause and you think your child was harmed because of the daycare’s negligence, there is a very high likelihood that you can still seek legal action against that daycare for your child’s right to compensation. As a result of this, these lawsuits are rarely easy to win, which is why you should retain the services of our experienced attorneys who can gather and present all the evidence needed to satisfy the burden of proof.

What are instances of daycare negligence?

Some of the most common examples of daycare negligence include, and are not limited to, the following:

  • Small objects are left around the property. Daycares are tied by law to keep possible choking or toxic hazards out of a child’s reach at all times.
  • If your child seems to be losing a considerable amount of weight or seems hungrier than usual, they may be malnourished if they are not fed sufficient amounts of food at daycare.
  • Broken glass, rusted playground equipment, mold, or other dangerous property conditions.

What steps should I take if my child has been harmed at daycare?

In the event that your child is injured as a result of daycare negligence, you should take the following measures:

  • Document the scene: If you can, take pictures and videos of the negligent conditions that caused your child to become injured.
  • Document the injuries: Make sure to take photos and videos of your child’s injuries.
  • Seek medical attention: Taking photos of the injuries may not be enough. It is important to take your child to a doctor right away. A doctor will confirm that your child’s injuries are properly treated, while also supplying you with proof of the origin and extent of the injuries. Medical documents can play a large role when it comes to a personal injury case.
  • Contact an attorney: A skilled personal injury attorney may be able to receive further evidence, including security camera footage, police reports, and more.


To learn more about how we can help you after sustaining an injury due to no fault of your own, call the Wilton Law Firm today at 732-275-9555 or contact us online.