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As parents, nothing is more important than knowing our children are safe. Every morning, thousands of California families drop their kids off at school or daycare, trusting teachers, caregivers, and staff to protect them. Unfortunately, accidents still happen, and sometimes, those accidents are the result of negligence.

If your child has been hurt while in the care of a school or daycare, you’re likely asking yourself:

• Who is responsible?
  
  
• Can I sue the school or daycare?
  
  
• What does California law say about child injuries caused by negligence?
  
  

This guide will walk you through everything you need to know about school and daycare liability in California, common causes of injuries, and the legal steps you can take to protect your child’s rights.

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What Does “Duty of Care” Mean for Schools and Daycares?

Under California law, schools and daycare centers owe children a duty of care. This means they are legally required to provide a reasonably safe environment and take steps to prevent foreseeable harm.

In simple terms: if you entrust your child to a school or daycare, the staff must act responsibly, pay attention, and follow safety standards.

This duty of care includes:

• Safe facilities – Playgrounds, classrooms, and sleeping areas should be properly maintained, baby-proofed, and free of hazards.
  
  
• Proper supervision – Staff should monitor children at all times, whether during class, recess, or nap time.
  
  
• Qualified staff – Caregivers should be trained in CPR, first aid, and age-appropriate supervision.
  
  
• Safe ratios – California requires specific child-to-staff ratios depending on age. For infants, it’s much stricter than for older children.
  
  
• Emergency Readiness – Schools and daycares should have plans in place for fire, earthquake, and medical emergencies.
  
  

When a facility fails in these responsibilities and a child is injured, that may be grounds for a negligence lawsuit.

Common Causes of Injuries at Daycares and Schools

Accidents can happen anywhere, but some are clear signs of unsafe practices or negligence. These are some of the most frequent injury scenarios we see:

1. Playground Accidents

Falls from jungle gyms, slides, or swings can cause serious injuries like broken bones or head trauma. If the equipment is old, poorly maintained, or if the staff aren’t supervising, the daycare could be liable.

2. Transportation Accidents

If a school bus, van, or staff vehicle is involved in a crash, children can be severely injured. Even when parents drive, daycare staff are responsible for proper car seat safety. As Esther The Lawyer has shared, 46% of car seats are used incorrectly. Something as simple as a loose strap can make the difference between safety and serious injury.

3. Unsafe Premises

Unsecured gates, slippery floors, exposed electrical outlets, or heavy furniture not anchored to the wall can all cause preventable accidents.

4. Negligent Supervision

Children, especially toddlers, need constant supervision. A moment of distraction can lead to choking, fights, or a child wandering off. California law expects caregivers to maintain continuous, attentive supervision.

5. Unsafe Sleep Practices for Infants

Loose blankets, overcrowded cribs, or improper sleeping positions put babies at risk for suffocation and Sudden Infant Death Syndrome (SIDS). Daycares must follow strict safe sleep standards.

6. Physical or Emotional Abuse

In the most serious cases, injuries may result from staff abuse or intentional harm. These are not only civil cases but also criminal offenses.

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When Is a School or Daycare Legally Responsible?

Liability depends on whether the injury was caused by negligence. In California, negligence means the staff or facility failed to act as a “reasonable caregiver” would in the same situation.

Here are examples where liability may apply:

• A child slips on a wet floor because the daycare didn’t clean it or put up a warning sign.
  
  
• A teacher leaves the classroom unattended, and a fight breaks out, causing injury.
  
  
• A daycare hires unqualified staff without conducting background checks, and one of those employees harms a child.
  
  
• Playground equipment breaks because it wasn’t properly inspected or repaired.
  
  

In each case, the injury wasn’t just “bad luck” it was preventable. That’s the key to a negligence claim.

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What Damages Can Parents Recover?

If your child was injured due to negligence, you may be entitled to compensation, including:

• Medical bills – ER visits, hospital stays, surgeries, medications, and ongoing therapy.
  
  
• Future medical care – If your child needs long-term treatment, braces, or counseling.
  
  
• Pain and suffering – For both the child’s physical pain and emotional distress.
  
  
• Loss of enjoyment of life – If the injury prevents your child from participating in activities.
  
  
• Parental emotional distress – In some cases, parents may also claim damages for the trauma of seeing their child harmed.
  
  

Special Rules for Suing a Public School in California

If your child is hurt at a public school, there are extra rules you must follow. Unlike private daycares, public schools are part of government entities, which means you must file a government claim before you can sue.

• You typically have six months from the date of injury to file this claim.
  
  
• If the school district denies it, you may then file a lawsuit in court.
  
  

This is why speaking with an attorney quickly is critical: missing a deadline could prevent you from ever pursuing your case.

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What To Do Immediately If Your Child Is Hurt

In the chaos of an accident, parents often don’t know what steps to take. Here’s a checklist to protect your child and strengthen your case:

1. Get medical care right away – Don’t wait. Even if your child “seems fine,” some injuries, like concussions, don’t show symptoms immediately.
   
   
2. Report the incident – Ask the school or daycare to document what happened in writing. Request a copy of the incident report.
   
   
3. Take photos and videos – Capture the scene, your child’s injuries, and any unsafe conditions.
   
   
4. Collect witness statements – Other parents, teachers, or children may have seen what happened.
   
   
5. Keep records – Save medical bills, prescriptions, emails from the school, and any related documents.
   
   
6. Contact an attorney – An experienced lawyer can investigate, preserve evidence, and guide you through California’s legal requirements.
   
   

Why Having a Lawyer Makes a Difference

Daycares and schools often have insurance companies and legal teams working to minimize their liability. They may try to blame the accident on “kids being kids” or downplay your child’s injuries.

Having an attorney ensures:

• The facility is properly investigated.
  
  
• Evidence is preserved before it disappears.
  
  
• Experts (like medical specialists or safety inspectors) can testify on your behalf.
  
  
• Your family receives the maximum possible compensation.
  
  

As Esther, the lawyer and a mom of two, often reminds her clients: “Awareness saves lives but accountability protects families.”

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Schools and daycares are meant to be safe, nurturing environments, not places where children suffer preventable harm. With Baby Safety Awareness Month serving as an important reminder, it’s crucial to hold caregivers and institutions accountable for maintaining safe conditions. If your child is injured because of negligence, you have the right to demand answers and take legal action.

📞 If your child was hurt in an accident or due to negligence, call Esther The Lawyer today at 323-609-5000 or email info@estradalawgroup.com. We fight for families. We fight for justice.

👉 Stay connected with Esther for more legal tips and safety awareness:

• Instagram: @estherthelawyer | @estradalawgroup
  
  
• TikTok: @estherthelawyer

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