Ohio Daycare Injuries: What to Do if Your Child is Hurt?

If your child has been injured at daycare, it’s critical to understand your legal rights and what steps to take next. At KNR, our premier Ohio personal injury attorneys will cover Ohio’s most common causes of daycare injuries, how to recognize when negligence may be to blame, your rights under Ohio law, and how to pursue compensation to protect your child’s well-being and your family’s future.

What Causes Daycare Injuries in Ohio?

Not every injury sustained at daycare is a sign of neglect. Kids fall, trip, and bump into things. It’s just part of growing up. However, specific childhood injuries can and should be prevented, especially in a licensed childcare setting.

Injuries may indicate negligence when daycare providers fail to meet their legal obligations. Here are some of the most common causes of daycare-related injuries in Ohio:

Inadequate Supervision

One of the leading causes of daycare injuries is a lack of proper supervision. Whether due to staff shortages or inattentiveness, insufficient oversight can result in children engaging in unsafe behavior or entering hazardous areas.

Ohio law requires licensed daycare facilities to maintain specific staff-to-child ratios. For example:

• 1 staff member per 5 infants (under 12 months)
• 1 staff member per 8 toddlers (18 months to 2.5 years)

If a daycare fails to comply with these ratios, it may be in violation of Ohio Administrative Code § 5101:2-12-20 and could be held liable if a child is injured as a result.

Hazardous Conditions or Unsafe Premises

Children should be protected from obvious dangers. Sadly, many facilities have unsafe conditions, such as:

• Broken or poorly maintained playground equipment
• Exposed electrical outlets or cords
• Unsecured furniture or falling objects
• Slippery floors or cluttered walkways

These risks are preventable and should be addressed through routine safety checks and maintenance.

Unsecured Hazardous Materials

Poisoning is a serious risk when dangerous substances like cleaning supplies, medications, or sharp objects are left within a child’s reach. Ohio law requires all potentially hazardous materials to be properly stored and inaccessible to children.

Allergic Reactions & Food Safety

Daycare providers are responsible for managing food allergies and dietary restrictions. A child with a known allergy to peanuts, dairy, or gluten should never be exposed to those allergens.

Failure to properly train staff or to follow allergy protocols can lead to life-threatening consequences, including anaphylaxis.

Negligent Hiring, Training, or Background Checks

All childcare workers in Ohio must undergo criminal background checks and meet training requirements in CPR, first aid, and child development. A daycare facility that hires unqualified or unscreened staff may be putting children at risk and opening itself to liability.

Common Daycare Injuries That Occur

While bumps and bruises happen, certain injuries warrant closer scrutiny. The following are some of the most frequently reported daycare injuries in Ohio:

• Falls & Head Injuries – Falls are the leading cause of injuries among children in daycare, especially from improperly maintained playgrounds, high surfaces, or unsecured furniture. Head trauma can lead to concussions or even traumatic brain injury (TBI).
• Broken Bones – Broken arms, wrists, or legs may result from roughhousing, climbing, or falling. If not properly supervised, children may engage in dangerous behavior that results in serious injury.
• Burns – Burn injuries can occur from hot bottles, scalding food, unguarded appliances, or chemicals. Any situation involving heat or electricity should be strictly off-limits to young children.
• Choking – Children under five are especially vulnerable to choking. Small toys, snacks, or classroom objects left unsupervised can quickly turn deadly. Proper supervision and age-appropriate materials are key.
• Poisoning – Whether from household cleaners, hand sanitizers, or medications, poisoning incidents are often preventable and stem from inadequate storage.
• Cuts, Lacerations, and Bruises – While not always indicative of abuse or neglect, frequent unexplained bruises or deep cuts should be investigated. Look for patterns or recurring locations (e.g., around the wrists, upper arms, or back).
• Physical or Emotional Abuse – Though rare, abuse in daycare settings can and does occur. Warning signs may include fear of returning to daycare, sudden changes in behavior, or visible injuries without explanation.

What to Do if Your Child Was Hurt at Daycare

If your child has been injured in a daycare setting, here are the steps you should take immediately:

• Get Medical Attention – Even if the injury appears minor, have your child evaluated by a pediatrician. Medical documentation is essential for both treatment and legal claims.
• Request a Written Incident Report – Ohio law requires daycares to document and provide a report to parents on the same day of the injury. Ask for your copy and review it carefully.
• Take Photos – Photograph your child’s injuries, the scene of the incident (if possible), and anything else relevant. These images could be crucial evidence in your case.
• Ask About Surveillance Video – Many licensed facilities have internal cameras. Request that footage of the incident be preserved and reviewed as part of your investigation.
• File a Complaint with ODJFS – If you suspect the daycare violated state safety standards or failed to report the injury, file a complaint with ODJFS. They may launch an independent investigation.
• Contact an Ohio Daycare Injury Attorney – Speak with an experienced personal injury attorney familiar with Ohio’s childcare regulations. A lawyer can help you determine if negligence occurred and advise you on pursuing compensation.

What Laws Protect Children at Daycare in Ohio?

The Ohio Department of Job and Family Services (ODJFS) is the agency responsible for licensing, regulating, and inspecting child care centers across the state. These laws are in place to prevent harm, ensure quality care, and offer legal remedies when daycare providers fail in their responsibilities.

Ohio Requirements for Licensed Daycare Facilities

Ohio Administrative Code and ODJFS licensing rules require all licensed daycare centers to meet strict safety and operational standards, including:

Mandatory Incident Reporting

Daycare providers must complete a written report the same day an incident or injury occurs. A copy must be provided to the parent or guardian, and another must be kept on file for at least one year. Failing to report incidents can be a red flag for regulatory violations and potential negligence.

Staff-to-Child Ratios

Ohio law sets age-specific maximums for how many children each staff member can supervise. For example:

• 1 caregiver per 5 infants (under 12 months)
• 1 caregiver per 8 toddlers (18–30 months)
• 1 caregiver per 14 preschoolers (3 years and older)

These ratios ensure that children receive adequate attention and that no child is left unsupervised.

Facility Safety Standards

Daycare centers must comply with health and safety codes that cover everything from fire drills and accessible emergency exits to secure storage of hazardous materials and routine sanitation protocols.

Employee Training & Background Checks

• All staff must be trained in first aid, CPR, and child development principles.
• Criminal background checks are mandatory for all employees and volunteers with direct access to children.
• Ongoing professional development is also required to keep staff current with safety procedures and regulations.

Child Endangerment in Ohio Daycare Facilities

In addition to administrative rules, Ohio Revised Code § 2919.22 (Child Endangerment) criminalizes any caregiver—including daycare staff—who knowingly places a child in a situation that poses a substantial risk of physical harm. Depending on the severity of the risk and whether injury occurred, violations may result in misdemeanor or felony charges.

Even if no criminal charges are filed, this statute establishes a legal duty of care. When a daycare’s failure to meet that duty results in injury, it can serve as compelling evidence in a civil negligence lawsuit. Understanding this standard empowers parents to take legal action and pursue compensation when their child is harmed due to unsafe or unlawful conditions.

Who Can Be Held Liable for a Daycare Injury in Ohio?

When a child is injured at daycare, determining who is legally responsible is a critical step in pursuing compensation. Depending on the circumstances of the injury and the failures that led to it, liability may fall on one or more parties.

Potentially Liable Parties May Include

• The Daycare Facility or Operator: As the entity responsible for overseeing daily operations, maintaining the premises, and ensuring compliance with Ohio daycare regulations, the facility is often the primary party held accountable in a negligence claim.
• Individual Caregivers or Employees: Staff members who were directly supervising—or failed to manage—your child during the injury may be held personally liable if their actions or inactions deviated from accepted standards of care.
• Third-Party Contractors: Maintenance crews, janitorial services, or vendors that leave behind hazardous materials or create unsafe conditions (e.g., exposed wiring, broken furniture) may also bear responsibility.
• Product Manufacturers: If your child’s injury was caused by a defective toy, piece of furniture, playground equipment, or other product, the manufacturer or distributor could be held liable under Ohio’s product liability laws.

An experienced Ohio daycare injury attorney will investigate every possible angle of your case to identify all responsible parties and maximize your potential recovery.

Legal Options if Your Child Was Injured at Daycare

If your child was injured in a daycare setting, you may be entitled to compensation, but only if negligence can be proven. In Ohio, pursuing a daycare injury claim requires demonstrating that the daycare provider failed in their legal duty to protect your child from preventable harm.

What Must Be Proven in a Daycare Negligence Case

To hold a daycare facility or caregiver legally responsible, your legal team must establish four essential elements:

• Duty of Care: The daycare was legally obligated to provide a safe environment and adequately supervise your child.
• Breach of Duty: That obligation was not met—for example, children were left unsupervised, staff were untrained, or hazards were ignored.
• Causation: Your child’s injury was a direct result of that breach. The harm would likely have been avoided if reasonable care had been taken.
• Damages: The injury led to real losses, including medical expenses, emotional distress, missed work for parents, or future care needs.

Evidence in Daycare Injury Claim & Why Legal Help Matters

To prove negligence in a daycare injury case, your attorney will gather critical evidence such as incident reports (required by law), medical records detailing the extent of the injury, witness statements from staff or parents, surveillance footage, and any past inspection or licensing violations. Together, this documentation helps establish what happened, who was responsible, and how the facility may have failed to meet safety standards.

Though the facts seem straightforward, daycare providers often deny wrongdoing or delay sharing key evidence. An experienced Ohio injury lawyer can act quickly to preserve proof, identify all liable parties, calculate current and future damages, and negotiate with insurers on your behalf. The sooner you seek legal counsel, the better you’ll be able to protect your child’s rights and pursue fair compensation.

What Compensation Can You Recover After a Daycare Injury?

If your child was injured due to daycare negligence, your family may be entitled to financial compensation for various losses. A successful claim can help cover both the immediate and long-term impacts of your child’s injury, offering critical support during a difficult time.

Depending on the circumstances of the case, you may be able to recover compensation for:

• Medical Expenses: This includes hospital visits, pediatric specialists, medications, physical therapy, and any future medical care related to the injury.
• Pain and Suffering: Compensation for your child’s physical pain, emotional trauma, or anxiety caused by the injury.
• Mental Health Counseling: If your child requires therapy or psychological treatment because of the injury or abuse.
• Loss of Parental Income: If a parent had to take time off work to care for the injured child or attend appointments.
• Long-Term Disability or Special Care Needs: For severe injuries that impact your child’s ability to function, develop, or learn normally.
• Punitive Damages: In cases of gross negligence or willful misconduct (such as abuse), additional damages may be awarded to punish the wrongdoer and prevent similar incidents.

Ohio Daycare Injury Claims: FAQS

Who Is at Fault If My Child Is Injured at Daycare?

Liability can fall on multiple parties, including the daycare facility, individual caregivers, maintenance contractors, or even manufacturers of defective equipment or toys. If a daycare provider failed to meet safety standards or adequately supervise your child, they can be held legally responsible under Ohio negligence laws.

Can I Sue Even If I Signed a Daycare Liability Waiver?

In Ohio, liability waivers signed by parents generally do not prevent you from suing if your child is injured due to the daycare’s negligence. Courts typically prioritize the safety and legal rights of the child over any pre-signed documents that attempt to waive liability for negligence.

What Should I Do If I Suspect Abuse at a Daycare?

If you suspect physical, emotional, or sexual abuse, remove your child from the facility immediately and report your concerns to local law enforcement and the Ohio Department of Job and Family Services (ODJFS). Then, consult with a child injury attorney to explore legal options and ensure your child is protected.

Will a Daycare Be Investigated If I File a Complaint?

When a parent files a formal complaint with ODJFS, the agency typically investigates the facility. This may include interviews, on-site inspections, and a compliance history review. If violations are found, it can support your civil claim and lead to administrative penalties.

Can I File a Claim If My Child Was Injured by Another Child?

Possibly. If a daycare failed to properly supervise children, separate age groups, or intervene in aggressive behavior, the facility could still be held liable for injuries caused by another child. The key question is whether reasonable supervision was in place at the time of the incident.

How Much Is a Daycare Injury Case Worth in Ohio?

The value of your case depends on the severity of the injury, medical costs, long-term effects, emotional trauma, and how clearly negligence can be proven. A qualified Ohio personal injury attorney can evaluate your case and pursue full compensation for all damages your child and family have suffered.

When Should I Contact a Lawyer After a Daycare Injury?

Contact a lawyer as soon as possible after your child is injured. Early legal involvement helps preserve critical evidence (like surveillance footage and incident reports), ensures proper reporting, and positions your case for the strongest possible outcome.

Speak with an Ohio Daycare Injury Lawyer Today

No parent expects a simple daycare drop-off to result in emergency room visits, emotional trauma, or long-term care needs. But when a trusted childcare provider fails to uphold their legal duties, your child’s health and future are at risk. If your child was injured at daycare in Ohio, you may be entitled to compensation.

At Kisling, Nestico & Redick, our experienced Ohio daycare injury attorneys are here to help you navigate the legal process with compassion and clarity. We’ll investigate what happened, preserve vital evidence, and fight to hold all responsible parties accountable. There’s no cost to speak with our team, and we don’t get paid unless you recover compensation.

Call 1-800-HURT-NOW or submit a request for a free, confidential consultation to discuss your rights and next steps.