Daycare Negligence | Signs of Negligence in Daycare Settings

Date Posted:

July 15, 2019

Post Author

Andres Beregovich


When the words “Pre-K negligence” come up, images of abused children spring to mind, but negligence is actually a much broader concept that goes far beyond physical violence. There are many ways that a daycare facility could be negligent in their delivery of childcare without the child actually being physically abused.

Negligence Can Happen in Many Ways

While there is no doubt that a daycare provider or employee who hits or physically restrains a child is acting negligently, there are many other ways that providers could be sued for negligence

Daycare negligence is a breach of duty on the part of the Pre-Kindergarten provider. A Pre-K provider’s primary duty is to treat children with reasonable care. Obviously, this includes not physically abusing children, but it also includes ensuring their safety and well-being as well as providing for their physical and emotional care. To ensure this standard of care, daycare providers must provide proper shelter, food, rest, and age-appropriate activities for the children in their care. This care must be delivered in a safe and secure setting; a provider could be negligent if the building is dangerous or the outdoor play area is not secure.

Parents may not notice signs of physical abuse on their children, but that does not mean there isn’t negligence on the part of the daycare provider. Subtler signs of negligence include:

  • Low number of employees/providers relative to number of children. Florida does require minimum adult to child ratios starting with 1 adult for every 4 infants and increasing the number of children one adult can care for from there. Even if the facility complies with the required ratio that doesn’t always mean children are receiving adequate care. If you have concerns, discuss them with the site manager.
  • No-no’s are within easy reach of children. A pre-kindergarten facility can be negligent if children can put themselves in dangerous situations. This includes children having access to cleaning products, office or craft supplies, or small objects that could be a choking hazard. If these items are lying around within reach of children, the facility is being negligent.
  • Unsafe conditions or situations. Broken doors, windows, fencing, and gates and old or broken playground equipment are signs of negligence. Any one of these things could lead to a child being hurt.
  • Changes in your child’s personality. Physical abuse is easier to spot than emotional abuse, but emotional abuse can and does occur at daycare facilities. Be wary if your child becomes withdrawn or starts acting more timid or unsure at home. He or she may be experiencing emotional abuse at daycare.
  • Hungry or thirsty kids. If your child comes home hungry or thirsty every day, he or she may not be receiving enough food or water at daycare. Ask about food and drink schedules and pay attention to your child’s weight. If they start to lose weight or become dehydrated it is a red flag.

Our Florida Pre-Kindergarten  Negligence Attorney Can Help You

If you suspect negligence at your child’s daycare facility, contact Andres Beregovich, Esq. at The Beregovich Law Firm right away. Mr. Beregovich will listen to your suspicions and advise you on an appropriate course of action. We can investigate whether or not the facility is appropriately licensed and staffed, tell you if the concerns you have qualify as pre-kindergarten negligence or not, or help you obtain compensation for your child’s injuries.

Contact The Beregovich Law Firm at (800) 631-9009 or email us to schedule a consultation at your convenience.