How To Sue A Daycare For Negligence In Ohio? A Parent’s Legal Guide

Daycare facilities are supposed to provide a secure environment where children receive proper care. Any instance of negligence or abuse from daycare workers or facilities creates tragic outcomes for children. In these situations, parents need to know how to sue a daycare for negligence in Ohio.

In Ohio, parents can make a civil claim against a negligent daycare provider. Understanding how liability works and what evidence can help support a claim is the first step to keeping your children safe and making the facility responsible when they fall so far short of acceptable care.

What Legally Counts as Daycare Negligence in Ohio

Daycare negligence occurs when a person or a daycare facility does not take the level of care that a reasonably careful person would take in similar circumstances. This legal standard applies equally to individuals and to childcare providers licensed by the Ohio Department of Job and Family Services. Examples of potential negligence by a daycare provider can include:

• Failure to provide proper supervision, which leads to an injury or other harm
• Unsafe conditions, such as exposed electrical outlets, unlocked gates or doors, and dangerous toys
• Failure to follow regulations on things like staff-to-child ratios and employee background checks
• Failure to get proper medical care when a child is injured or becomes ill
• Neglect or abuse of a child by a daycare employee that is not reported or prevented

When this type of negligence causes a child injury, parents may be able to make a civil claim against a facility for damages. Negligence isn’t always easy to notice, as it can be a series of warning signs, such as a pattern of poor supervision or repeated violations. Spotting those warning signs early is important.

Ohio Daycare Laws and Liability

Daycare centers are regulated in Ohio under the Ohio Administrative Code and by the state’s Department of Job and Family Services. Operators must be licensed, ensure a safe facility, run background checks on all staff, and meet ratios set by the state.

Daycare operators can be held civilly liable if they knowingly understaff their facility, disregard obvious hazards, or fail to report child abuse. Parents may be able to sue for injuries or trauma sustained by their children, as well as any emotional distress or suffering. Ohio Rev. Code § 2151.421 also requires childcare workers to be mandatory reporters who immediately report suspected abuse.

Steps to Take After Suspecting Daycare Negligence

If you suspect that your child has been abused or neglected at daycare, it’s critical that you act. The first step is to document any physical or emotional signs of mistreatment that you notice, as well as the things your child tells you about. It’s important to seek medical attention right away to have a record of the injuries and to obtain treatment.

Make sure to report the matter to county children’s services or the police, as Ohio agencies are required to investigate credible reports within 24 hours. Document all the records, photographs, and communication with authorities, and do not speak to daycare staff directly. Contact an experienced attorney as soon as possible to ensure the evidence is preserved and your child’s rights are protected.

Types of Compensation for Families

Ohio families are entitled to pursue recovery for any injuries their child sustained due to the negligence of a daycare. There are both economic and non-economic damages in these cases.

Economic damages are all the financial losses the family has suffered and will continue to suffer, including medical bills, physical therapy costs, and costs for any ongoing treatment.

Non-economic damages are more abstract and pertain to the child’s pain and suffering, emotional trauma, and other aspects of the abuse or neglect that don’t have a financial price tag attached to them. Parents may also be entitled to punitive damages, which are intended to punish the facility for its negligent behavior, in egregious cases.

Every case is unique, and the types and amounts of damages will vary based on the evidence in the case and the effects of the abuse or neglect on the child.

Hire a Daycare Abuse Lawyer

At Rumizen Weisman Attorneys, decades of first-chair trial experience and a deep familiarity with Ohio’s childcare rules and regulations help us lead parents through daycare-negligence claims.

We’re committed to providing parents and caregivers with accurate, compassionate, and trustworthy legal information so they can protect their children and stop negligent daycares before someone else is hurt.

FAQs

What Qualifies as Daycare Negligence in Ohio?

Daycare negligence involves a provider failing to ensure a child’s safety and supervision in ways that Ohio law requires. Providers leave children alone, disregard hazards, hire unqualified workers, or fail to report suspected abuse. When this breaches a daycare’s duty of care and physically or emotionally harms a child, a parent can file a civil claim.

How Do I Prove a Daycare Was Negligent?

A parent must prove the provider’s duty of care, failure to meet that duty, and harm to the child. Evidence includes medical records, witness accounts, inspection citations, or pictures of unsafe areas and products. A record from the Ohio Department of Job and Family Services or a police report can help prove a pattern of repeated violations or lack of supervision.

Can I Sue a Daycare Without Filing a Police Report?

A police report can corroborate a claim, but parents do not have to file a report before suing a daycare for negligence. If parents provide evidence such as photographs of the accident, documentation of their child’s injuries, or daycare logs, they may file a claim on their own.

Parents should file reports about suspected abuse or neglect with county children’s services or law enforcement because this documentation usually makes legal processes run more smoothly and strengthens their case.

How Long Do I Have to File a Daycare Negligence Claim in Ohio?

Daycare negligence cases are generally governed by the two-year statute of limitations for personal injury claims. If a child is the victim, the time limit may be extended because a minor is legally unable to file a case on their own. Families should pursue legal action as soon as possible in any case, as it allows for records, statements, and evidence to be preserved early on.

Ohio Daycare Negligence Lawyer

Daycare centers are trusted by parents to provide a safe and nurturing environment for children when their parents can’t be with them. When that doesn’t happen, parents are entitled to seek answers and accountability. Ohio law allows families to pursue financial recovery and justice in the civil court system, and Rumizen Weisman Attorneys is here to walk you through the legal process.

If you entrusted your child to a daycare and it failed to live up to its duty to keep them safe, you have the right to demand justice. Speak with a lawyer from Rumizen Weisman Attorneys today for a consultation and hire a daycare abuse lawyer.