Children Sitting Round

As a parent, there’s nothing more gut-wrenching than getting a call that your child has been hurt—especially when it happens somewhere you trusted would keep them safe. Whether it’s a fall on the playground, an accident during P.E., or something more serious, one big question quickly comes to mind:

Who’s responsible when a child is injured at school or daycare?

The answer isn’t always simple, but you can take legal action in many cases—mainly if the injury resulted from negligence. Let’s walk through what that looks like.

Children Sitting Round

The Duty of Care: What Schools and Daycares Are Responsible For

Schools and daycare centers have a legal duty to provide a reasonably safe environment for children. That means they’re expected to take steps to prevent foreseeable injuries—from maintaining safe playground equipment to properly supervising kids at all times.
If they fail to uphold that duty and a child gets hurt, they may be held legally liable under premises liability or negligent supervision. Here’s what that might include:

  • Unsafe playgrounds or broken equipment
  • Wet floors or tripping hazards
  • Inadequate staff-to-child ratios
  • Failure to address bullying or violence
  • Lack of proper safety protocols (like during sports or field trips)
  • Negligent hiring or training of staff

Who Can Be Held Liable?

Depending on the situation, multiple parties could be responsible:

  • The school or daycare center – for failing to maintain a safe environment or supervise properly
  • Individual staff members – like a teacher or caregiver who acted negligently
  • Third parties – such as a contractor, maintenance worker, or equipment manufacturer
  • The school district or private organization – if a larger entity runs the facility

Keep in mind that if the school is public (as opposed to private), different rules may apply when filing a claim, particularly regarding filing deadlines and government immunity laws.

What To Do If Your Child Is Injured

If your child is hurt while at school or daycare, here are a few steps to take right away:

  1. Seek medical attention immediately, even if the injury seems minor. Some issues, like concussions or internal injuries, don’t show symptoms right away.
  2. Document everything – Take photos of the injury, where it happened, and any unsafe conditions you notice.
  3. Request an incident report – Schools and daycares typically document injuries. Ask for a copy.
  4. Gather witness information – If any other parents, kids, or staff saw what happened, their input can be helpful later.
  5. Talk to a personal injury attorney – Legal claims involving children and institutions can get complicated quickly.
  6. Don’t Wait Too Long to Take Action

In California, personal injury claims typically need to be filed within two years of the injury. But if the claim is against a public school or government-run daycare, you may only have six months to file a formal notice of claim. That’s why speaking with a lawyer as soon as possible is important.

Your Child Deserves a Safe Space

No parent wants to think about their child being hurt, especially in a place that’s supposed to protect them. But if it happens, you’re not powerless. Understanding your rights—and holding the responsible parties accountable—can help your family get the support and compensation you need to move forward. At Flahavan Law Offices, we take child injury cases seriously. If your child has been hurt at school, daycare, or another supervised setting, reach out for a free consultation. We’re here to help you get answers and, more importantly, justice.

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