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Frequently Asked Questions

No, it does not matter that you signed a daycare liability waiver. These types of liability waivers hold almost no weight in court and are often dismissed because they directly contradict the daycare’s duty of care to you and your child.

The duty of care is a legal term to define the understood expectations of the daycare provider when a child is under their care. These expectations can include keeping the child safe, keeping the environment safe for the child, mitigating any injuries to the child, etc.

The first step in filing a lawsuit is to speak with a lawyer. You will answer a few initial questions, and after that, the firm will decide if you have a case that can be pursued. If the answer is yes, they will begin investigating your case to gather evidence to pursue further.

Child Injury at Edwardsville Daycare

Injuries such as falling, drowning, and head trauma are some of the leading causes of death in children and young adults. Falls are the most common personal injury in daycare facilities and the leading cause of nonfatal injury in children.

You trust your child’s daycare or school to take care of your child, but when you get a call that injuries to your child occurred while in their care, your worst nightmare has come true. Hopefully, the injury is minor and your child will be okay, but sometimes, those injuries can be life-threatening, or in a worst-case scenario, your child is killed as a result of the daycare’s negligence.

A daycare injury is a serious matter, and as a parent, it can be hard to know where to turn and what the next steps are. TorHoerman Law can help guide you through the process of legal action. While we cannot undo the accident, we can help you receive compensation for the injuries your child sustained and the medical bills that built up as a result.


Daycare injury; Daycare liablity; liability waiver; child injury; personal injury;

Are Daycare Accidents Common?

According to the Center for American Progress, “almost one-quarter (23.4 percent) of children under the age of five are in some form of organized child care arrangement, which includes daycare centers, nurseries, and preschools.” With a large portion of the country’s children enrolled in child care, daycare accidents are not uncommon.

Before putting your child in the care of another, cross-reference the names of daycares you’re contemplating with the Illinois Department of Children and Family Services database. There is even a “quality rating and improvement system for early learning and development programs such as licensed child care centers, Preschool for All, and Head Start programs.” To learn more, visit

It is also important to note that you should only place your child in a licensed facility. The State of Illinois has strict requirements for licensing daycares and preschools. Licensed childcare facilities also do have a duty of care, or obligation, to prevent accidents from occurring and if they do happen, report those accidents immediately.


Common Edwardsville Daycare Injuries

If a child has been injured at a daycare, there are a multitude of injuries that can occur:

  • Cuts and bruises
  • Broken bones
  • Head injuries, specifically from falling
  • Dental injuries
  • Unintentional poisoning
  • Drowning
  • Burns
  • Choking or suffocating
  • Abuse


In an unsafe daycare, your child can suffer from a number of accidents – falling from high points, abuse at the hands of employees or other children, drowning while unsupervised in a pool, choking on random items, ingesting cleaning supplies, or even electrocution. The thought of a child being injured, or worse, killed, because of someone’s negligence, is reprehensible.

If your child was injured while under the care of a daycare employee or preschool teacher, ensure 911 is called immediately and medical treatment is provided.


Who is Responsible for my Child’s Injuries?

Determining who is liable for your child’s injuries is completely dependent on the specific situation. If a daycare employee failed to properly supervise your child, they could be held responsible. If a daycare owner did not fix a stairwell, even with the knowledge that it could be potentially dangerous, and the child fell down the staircase, they could be held liable. There can even be more than one person held responsible, depending on the circumstances.

There is not always a clear-cut answer as to who, or what organization, will be held liable which is why it is important to discuss your case with a premises liability lawyer sooner rather than later.


Edwardsville Daycare Injury Lawyer

Has your child been the victim of an injury due to daycare negligence? An experienced Edwardsville daycare injury lawyer at TorHoerman Law is here to help you receive the compensation you deserve. While we cannot erase the pain and suffering your family has endured, we can help you move forward with your lives. A daycare abuse lawsuit will allow you to receive compensation for:

  • Medical bills
  • Rehabilitative surgery
  • Pain and suffering
  • Emotional distress
  • Among others

For help moving forward, call TorHoerman Law LLC, Edwardsville injury attorney, today for a no-obligation, free consultation.


“Child Care.” Governor’s Office of Early Childhood Development, State of Illinois,

Glynn, Sarah Jane. “Fact Sheet: Child Care.” Center for American Progress, 31 Oct. 2012,

“Map – Daycare Violations in St. Louis.” FOX2now.Com, 6 Aug. 2013,

Edwardsville, IL
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