Daycare Injuries in NYC: Legal Considerations for Parents

Across New York City, parents drop their children off at daycare facilities to ensure that their children are taken care of and kept safe while they are at work. In doing so, these parents are demonstrating an extraordinary degree of trust that these daycare facilities will keep their child safe and healthy. Studies have shown that injury rates in daycare facilities range from 11.3 to 18 injuries per 100 enrolled children annually.[1]

Injuries can happen in daycare facilities in a wide variety of ways. New York City and New York State have implemented a comprehensive regulatory system to support daycare facilities in their mission and keep children safe, but unfortunately, these regulations do not prevent every injury. Litigation may be necessary to protect your child’s legal rights if an injury occurs due to negligence at a daycare facility. After addressing the regulatory framework, this article will proceed to discuss how this litigation works and what it can look like for families that are forced into these situations.

This article provides a broad overview but cannot substitute for legal advice tailored to your specific circumstances. If your child was injured at daycare then reach out to our daycare injury attorneys at Dansker & Aspromonte for a free consultation about your legal rights and case. Our attorneys are waiting to schedule that consultation and can be reached at (516) 206-6723.

Daycare Injuries: How Injuries Happen in NYC Daycare Facilities

Injuries can happen in a variety of ways in the context of an NYC daycare facility. Children lack the reasoning skills and life experience to understand and appreciate many of the dangers in their environment. Falls are the leading cause of injury in daycare settings, accounting for 58% of incidents—nearly half of which occur on playgrounds.

Falls are far from the only source of injury. Children also suffer harm in the following ways:

• accidents involving faulty or improperly maintained playground equipment;
• lack of supervision by daycare personnel;
• hazardous facilities with slippery floors or unstable surfaces;
• food allergy reactions; and
• injuries such as dehydration or sunburn resulting from neglect.

These injuries are often preventable. A 2020 study of 228 childcare providers found that safety and injury prevention workshops significantly improved staff knowledge and safety practices, based on positive participant feedback.[2] Continuous training is the best way to ensure that daycare personnel are updated on practices for keeping children safe.

New York’s Legal Framework: Regulations & Legal Actions

New York City’s Regulations: The NYC Department of Health and Mental Hygiene

New York City’s Department of Health and Mental Hygiene (“DOHMH”) handles licensing and registration of both family daycares and group family daycares within NYC.[3] This authority is outlined in Article 47 of the NYC Health Code.[4]

Under Article 47, every daycare must submit an application for a permit. Once permitted, each daycare must develop a written safety plan, which must be reviewed and updated annually. This plan must include policies and procedures related to daily operations, facility safety, emergency preparedness, and child and staff health.

If a child dies, suffers a serious injury, or goes missing while in the daycare’s care, the facility must submit a corrective action plan to DOHMH within five business days.[5] These plans must address:

• the severity of the incident;
• the extent of the injuries;
• the impact of staff conduct;
• timing and frequency of incidents; and
• roles of staff involved.

New York State’s Regulatory Agency: The Office of Children and Family Services

New York State also has its own regulatory agency: the New York State Office of Children and Family Services (“OCFS”).[6] OCFS enforces rules regarding caregiver qualifications, staff-to-child ratios, health protocols, and safety measures for all licensed childcare providers across the state.

Unlike NYC’s code, which applies primarily to group childcare centers, state regulations apply to all types of childcare facilities regardless of child age. OCFS conducts inspections every two years or more frequently if complaints are filed.

Lawsuits Against Daycare Facilities: What NYC Daycare Injury Attorneys Know

Daycare facilities—like any other business—can be sued if they negligently or intentionally cause harm to a child.[7] Tort law allows families to seek compensation and serves to deter future misconduct.

To win a negligence case, a plaintiff must prove four elements:[8]

Duty

Daycare providers owe a duty of reasonable care to children in their custody, comparable to that of a reasonably prudent parent.[9]

Breach

A breach occurs when the provider fails to meet that duty—for example, failing to supervise children or eliminate known hazards.

Injury

The breach must result in an actual injury, typically physical, though emotional distress may be included in some cases.

Causation

The breach must be both the factual cause and the proximate cause of the injury. Proximate cause is based on foreseeability and public policy considerations.[10]

What to Do After Your Child is Injured: An NYC Parent’s Guide

Step One: Seek Immediate Medical Attention

Your child’s health is the top priority. Seek care from your trusted physician or the nearest emergency provider. Prompt care also ensures proper documentation if a legal claim follows.

Step Two: Report the Incident

After ensuring your child’s safety, report the incident to the daycare’s administration, the NYC DOHMH, and NY State OCFS.[11] These reports serve both regulatory and legal purposes.

Step Three: Consult an Attorney About Your Legal Rights & Options

An attorney can:

• Advise on your legal rights and potential claims;
• Identify the responsible parties and investigate whether compensation is available; and
• Begin a formal case investigation and prepare for litigation if warranted.

Conclusion

Daycare-related injuries occur far too frequently in NYC and across New York State. While both jurisdictions have regulatory protections in place, these systems sometimes fail. In such cases, a personal injury claim may be the most effective way to secure compensation and accountability.

Because the law in this area is complex, consulting an experienced daycare injury attorney is essential to protecting your child’s legal rights. The daycare injury attorneys at Dansker & Aspromonte offer free consultations and work on a contingency basis—meaning you pay nothing unless we recover compensation for you.

Call us today at (516) 206-6723 or contact us through our online form.

Footnotes

[1] Hashikawa, et al., “Unintentional injuries in child care centers in the United States: A systematic review,” Journal of Childcare (Oct. 2013).

[2] Michelle Leff, MD & Pradeep Gidwani, MD, “Effectiveness of Safety and Injury Prevention Training Workshops for Early Childcare Providers,” Pediatrics (Pub. July 1, 2020).

[3] See New York City Health Code, Article 47.

[4] N.Y.C. Code § 47-11.

[5] N.Y.C. Code § 47-21.

[6] NY Soc. Serv. L. § 390.

[7] Sharapata v. Town of Islip, 56 N.Y.2d 332 (1957).

[8] Colarusso v. Dunne, 732 N.Y.S.2d 424 (2001).

[9] Colarusso v. Dunne, 732 N.Y.S.2d 424 (2001).

[10] Derdiarian v. Felix Contracting Corp., 51 N.Y.2d 308 (1980).

[11] N.Y.C. Code § 47-01 et seq.; NY Soc. Serv. L. § 390.