Illinois Daycare and Childcare Accident Lawyers

Compassionate Attorneys For Children Abused and Neglected at Daycares Throughout Illinois

Entrusting your child to a daycare or childcare setting is one of the most significant decisions parents make. While daycare centers provide invaluable social and developmental benefits, accidents can and do happen—even in the most well-regulated facilities. In Illinois, thousands of children attend licensed care each day, but unfortunately, some children experience injuries ranging from minor bumps to serious, life-threatening harm—or even death.

At John J. Malm & Associates, we are dedicated to protecting the rights of injured children and their families throughout Illinois. With decades of experience handling personal injury claims throughout Illinois, our firm understands the emotional and financial toll that a daycare or childcare accident can cause. We have successfully represented clients in complex cases involving negligent supervision, unsafe premises, and violations of state childcare regulations. If your child was injured due to the carelessness of a daycare provider, our compassionate Illinois daycare accident attorneys are here to guide you through the legal process and fight for the compensation your family deserves.

Overview of Daycare Accidents

According to local data, more than 500,000 Illinois children under five attend daycare or preschool, whether licensed or informal Nationally, unintentional injuries are the leading cause of death for people aged 19 and younger—about 12,000 deaths annually.

Studies show injury rates in U.S. daycare settings typically range:

• 3.8 injuries per child per 2,000 exposure hours, or
• 11–18 injuries per 100 children annually.

Another study reported 635–835 medically attended injuries per 100,000 children per year, with 271–364 playground-related injuries.

These numbers underscore that daycare injuries are common, and many serious enough to require medical attention.

Common Causes of Daycare Accidents

Inadequate Supervision

Insufficient staffing or lack of focus leads to falls, choking, wandering, and other serious incidents involving children at childcare centers.

Dangerous Premises

Unsafe equipment, unlocked cabinets, and poor sanitation cause cut, burn, poison, infection, and choking risks.

Playground Risks

Playgrounds are hotspots for serious injuries—falls, collisions, broken bones—often due to equipment maintenance failures.

Drowning & Water Hazards

Pools or tubs without secure barriers put children at risk. Even home-centered daycares struggle to control these hazards.

Neglect, Abuse & Security Lapses

Tragically, some incidents are deliberate—neglect or abuse. In one case handled by our firm, a young baby was force-fed at daycare. The incident led to a police investigation of abuse at the daycare.

Illinois Childcare Licensing & Safety Requirements

Childcare providers in Illinois must be licensed by the Department of Children & Family Services (DCFS), and renew every three years. They must comply with strict safety standards, including:

• Staff-to-child ratios
• CPR/first-aid training, including SIDS protocols
• Safe premises: locked cabinets, hazard-free zones
• Emergency planning
• Criminal background checks for all staff

DCFS mandates that serious incidents—including those requiring medical attention or involving abuse—must be reported.

Types of Injuries in Daycares

Minor Injuries

Bruises, scrapes, minor falls—common and usually benign, often deemed part of normal childhood.

Moderate to Severe Injuries

These require professional care—stitches, X-rays, or emergency intervention. The CDC notes over 1.3 million children under age nine visited ER for falls in 2017 alone, many in daycare.

Serious Injuries & Fatalities

These are rare but devastating. Illinois reported 2 child deaths in licensed care in 2023. Chilling cases across the country include daycares leaving children unattended in hot cars for hours, leading to their deaths.

Liability for Daycare Accidents

Duty & Standards of Care

Under Illinois premises liability law, childcare providers owe entrants—including children—a duty to maintain safe conditions. This means securing the environment, supervising children adequately, and keeping hazards out of reach.

Negligent Supervision

Parents can sue under negligent supervision if accidents stem from a failure to monitor or control children.

Negligent Hiring & Training

Failure to vet staff or to provide required training can form a basis for childcare injury claims.

Abuse & Neglect Claims

Intentional harm can lead to personal injury and civil rights violations. Under Illinois law, licensing violations like unreported injuries or unchecked abuse factor into litigation.

Reporting Requirements

DCFS mandates daycares and childcare centers report injuries. Failure to report can bolster a legal case.

Recoverable Damages After a Childcare Accident

In an Illinois liability case, families can pursue compensation for:

• Medical costs: ER visits, hospital bills, dental work, therapies
• Pain & suffering: Physical pain and emotional trauma
• Long-term disability: Ongoing therapy or care needs
• Emotional distress: Anxiety and trauma ensuing from the incident
• Wrongful death: In tragic fatalities, funeral expenses, loss of companionship, and grief damages under a wrongful death claim

Statute of Limitations for Daycare Injuries

Illinois law generally allows 2 years from injury date to file a claim. For minors, the time can be extended—usually beginning when the child turns 18. However, acting quickly is critical to preserve evidence and witness testimony after a childcare accident.

Preventing Daycare Accidents

Vetting & Monitoring

• Always visit and observe a facility
• Ask to review incident records and DCFS licensing reports
• Confirm staff training and CPR/medical certifications

Ensuring Safety Compliance

• Look for locked cupboards, secured hazardous materials
• Playground checks: no rust, broken parts, or loose equipment
• Backup plans: ask about supervision ratios during outdoor time and meal service

Review Incident Policies

• Ensure the center logs every significant incident and promptly informs you
• Compare your experience to the community

Background & Training

• Confirm background check policies
• Ask about abuse protocols and how staff are instructed to respond to urgent incidents

What To Do if an Accident Occurs at Daycare

1. Get immediate medical attention—never delay.
2. Document everything: photos, facility hazards, incident reports.
3. Request exposure to incident reports and licensing status.
4. File formal complaints—to DCFS or local authorities if abuse is suspected .
5. Talk to an experienced Illinois daycare injury lawyer to assess your legal options and help negotiate with insurance or file suit.
6. Preserve evidence—don’t let the facility alter the scene or destroy records.

Frequently Asked Questions About Daycare and Childcare Accidents

Q: Are licensed daycares always safe?
No—licensing sets a baseline but doesn’t guarantee proper care. Compliance varies widely across childcare centers.

Q: What if my child is injured but it seems minor?
Even minor injuries matter. Report them, document accurately, and hold facilities accountable.

Q: Can I sue if the incident was just an accident?
You must prove negligence—i.e., the facility failed to exercise reasonable care. Accidents that couldn’t reasonably be prevented are often harder to pursue legally.

Q: What if it was another child who hurt mine?
Providers still bear liability under negligent supervision if they failed to prevent foreseeable harm from other children, especially if the daycare knew the child had a pattern of violent behavior.

Q: When should I speak to an attorney?
Consult an experienced Illinois daycare injury lawyer promptly—before the statute of limitations runs, and ideally after any serious injury or question of negligence.

Legal Rights After a Daycare Accident

Under Illinois law, parents can bring a personal injury claim on behalf of their child. The daycare may be held liable under:

• Premises liability
• Negligent supervision
• Negligent hiring and training
• Civil actions for abuse or neglect

Civil claims may be paired with DCFS investigations, and evidence of violations or unreported incidents strengthens your case. A lawyer can help you secure damages for medical costs, emotional trauma, and long-term support after a serious childcare accident.

Contact the Award-Winning Daycare and Childcare Injury Lawyers at John J. Malm & Associates

Daycare and childcare injuries are preventable but sadly common in Illinois. While most are minor, some result in serious harm or death. Licensed facilities are required to follow safety rules, but enforcement can lag and accidents happen—especially under inadequate supervision, poor staffing, or unsafe premises.

At John J. Malm & Associates, we help families hold childcare facilities accountable after a serious accident. With deep knowledge of Illinois personal injury law, we guide families through every step—medical evidence collection, insurance negotiation, court filings, and settlement. We don’t charge unless we win, and we’re committed to helping your child heal and your family recover.

Don’t wait while evidence fades or time slips away. Contact our top-rated Illinois daycare accident attorneys today for a free, confidential consultation. Together, we’ll fight for the safety, justice, and compensation your child deserves.