PERSONAL INJURY ATTORNEYS
Nashville | Murfreesboro | Brentwood
Day Care Injuries
When parents entrust their children to a day care facility, they expect that every reasonable step will be taken to keep their children safe. Unfortunately, day care centers sometimes fail in this duty, resulting in injuries that can have lasting physical and emotional consequences. At The Law Offices of John Day, P.C., we represent families in Nashville, Davidson County, Brentwood, Murfreesboro, and across Middle Tennessee whose children have been injured due to negligence, neglect, or even abuse in child care settings.
Tennessee law imposes specific duties on day care providers, and when those duties are violated, families may be entitled to legal remedies. If your child has suffered an injury at day care, call us at (615) 742-4880 for a free consultation. We are here to help you take the first steps toward justice and healing.
Duties of Care Under Tennessee Law
In Tennessee, day care facilities are regulated by the Tennessee Department of Human Services (DHS) under authority granted by Tennessee Code Annotated § 71-3-501 et seq. These statutes and regulations by DHS establish licensing requirements, safety protocols, and oversight mechanisms for child care agencies operating in the state. Licensed child care providers must comply with rules regarding caregiver qualifications, supervision ratios, physical safety standards, emergency planning, and reporting of injuries or suspected abuse.
Child care providers are mandatory reporters, legally obligated to report any known or suspected child abuse or neglect. Failure to do so may result in both civil liability and criminal penalties. This statute reinforces the high duty of care imposed on those who are entrusted with young children.
When a facility violates its regulatory duties and a child is injured as a result, this may constitute negligence per se, a legal doctrine under Tennessee law that allows a plaintiff to prove negligence based on a statutory violation. If a facility fails to meet state standards and that failure causes injury, liability may follow even without traditional proof of negligence.
Common Scenarios Leading to Day Care Injuries
Day care injuries often arise from inadequate supervision, which violates Tennessee Department of Human Services Child Care Rules, particularly those set forth in Chapter 1240-04-01, which requires constant supervision of children in care. Staff members must remain within sight and sound of children at all times, especially during high-risk activities such as outdoor play, mealtimes, and nap periods. When this rule is violated, children may fall, choke, be injured by another child, or access dangerous objects.
Unsafe premises are another frequent source of harm. Facilities are required by to ensure that indoor and outdoor environments are free from hazards. Common violations include broken playground equipment, unsecured furniture, improper food handling, exposed cleaning supplies, or failure to maintain required fencing and gates.
Negligent hiring practices can also lead to serious injury or abuse. Under Tennessee Code Annotated § 71-3-507, licensed providers must perform background checks on all employees, including checks through the Tennessee Abuse Registry and the FBI criminal database. If a provider hires or retains an employee with a known history of misconduct, the facility may be liable for negligent hiring or retention.
Other preventable incidents include burns from bottle warmers or microwaved food, allergic reactions due to failure to follow dietary instructions, falls from improperly secured high chairs, and serious injuries resulting from overcrowding or understaffing.
Types of Injuries and Their Legal Implications
Children injured in day care may suffer a wide range of harm, from minor cuts and bruises to serious trauma. Head injuries are among the most dangerous and may result in concussions, skull fractures, or long-term cognitive impairment. Falls from furniture, climbing structures, or playground equipment are common and may lead to broken bones or internal injuries.
Bites and scratches, whether from other children or animals on the premises, are indicators of insufficient supervision. Burns, poisoning, or exposure to toxic chemicals often reflect a failure to follow DHS safety protocols.
In the most serious cases, children may be subject to physical abuse, emotional maltreatment, or sexual assault. Under Tennessee Code Annotated § 39-15-401, child abuse is a criminal offense. Civil claims arising from abuse may involve not only negligence but also intentional torts such as assault, battery, and infliction of emotional distress.
Our firm takes all injuries seriously and works with pediatric medical experts, therapists, and investigators to understand what happened and who is responsible.
Legal Theories and Parental Rights
Most day care injury cases are based on negligence, where the facility or its employees failed to act with reasonable care, and that failure directly caused the child’s injury. Claims may also involve negligent supervision, negligent hiring, negligent retention, or failure to maintain a safe premises.
In cases where state regulations have been violated, the doctrine of negligence per se may apply, making it easier to establish liability. If the injury was intentional, as in cases of abuse, the legal strategy may involve additional tort claims such as battery or negligent infliction of emotional distress.
Because children cannot file lawsuits on their own, a parent or legal guardian must file on their behalf. Under Tennessee Code Annotated § 28-1-106, minors benefit from a legal tolling of the statute of limitations. While most personal injury claims in Tennessee must be filed within one year of the incident, the child’s claim may be filed up to one year after their eighteenth birthday. However, any claim for medical expenses incurred by the parents must still be filed within the original one-year deadline. Prompt legal advice is essential to avoid missing a critical deadline.
Damages Available in a Day Care Injury Case
In Tennessee, children injured due to day care negligence may recover a range of damages through a personal injury claim. These include reimbursement for medical expenses related to emergency care, surgeries, follow-up visits, therapy, and rehabilitation. In the case of long-term injuries or disability, additional compensation may cover future medical needs and life care planning.
Children may also recover damages for physical pain, emotional suffering, disfigurement, or diminished quality of life. In cases of trauma, anxiety, or abuse-related distress, mental health treatment costs may be included. If the injury impairs the child’s ability to earn income in the future, loss of earning capacity may be a component of the claim.
Parents may recover for out-of-pocket medical costs they incurred, and for loss of the child’s services during the period of recovery. In particularly egregious cases involving gross negligence, recklessness, or intentional harm, punitive damages may be awarded under Tennessee Code Annotated § 29-39-104 to punish the wrongdoer and deter similar conduct.
Steps to Take After a Day Care Injury
If your child has been injured at day care, the first and most important step is to obtain appropriate medical care. Visit an emergency room, pediatrician, or specialist depending on the nature of the injury. Keep detailed medical records, including discharge papers, test results, and any diagnoses provided by health professionals.
Request a written incident report from the day care. Ask for details about what happened, which staff were present, and what steps were taken in response. If the day care has cameras on the premises, ask that the footage be preserved immediately.
Photograph your child’s injuries and any visible evidence of the accident scene if possible. Note changes in your child’s behavior or emotional state that may suggest trauma. Keep records of all communications with the day care, including emails, messages, and phone logs.
Do not sign any liability waivers or settlement agreements without speaking to an attorney. Insurance adjusters or facility owners may attempt to resolve the issue quickly to avoid legal consequences. You should have your own legal advocate who can explain your rights and protect your child’s interests.
Why Families Trust The Law Offices of John Day, P.C.
At The Law Offices of John Day, P.C., we are committed to helping families hold negligent day care providers accountable. With over 80 years of combined experience, we have successfully resolved complex injury and abuse cases involving children across Middle Tennessee. Our offices in Brentwood, Nashville, and Murfreesboro allow us to serve families throughout Davidson County and surrounding areas.
We handle day care injury cases on a contingency fee basis, which means you owe nothing unless we recover compensation on your behalf. We also advance all case expenses, so you never have to pay out of pocket to pursue justice for your child. Our team includes a full-time nurse who assists in reviewing medical records and identifying treatment needs, and we routinely work with pediatric specialists and investigators to build strong, evidence-based cases.
We understand the emotional weight of these cases. We listen closely, communicate clearly, and fight vigorously to secure the best possible outcome for your family.
Contact Us Today
If your child has been injured at a day care facility, contact The Law Offices of John Day, P.C. at (615) 742-4880. We offer free, confidential consultations and will explain your legal rights under Tennessee law. Whether the injury occurred due to negligence, a violation of state regulations, or suspected abuse, we are here to help. Our team will guide you through every step of the process with care, skill, and dedication. From our offices in Nashville, Brentwood, and Murfreesboro, we serve families throughout Middle Tennessee who are seeking accountability and justice for their children.
