Daycare Injuries
Daycare Injuries in Michigan: When the People You Trust With Your Children Fail Them
You drop your child off at daycare and trust that they'll be safe, supervised, and cared for until you pick them up. That trust is the foundation of every daycare relationship — and when it's broken, the consequences can be devastating. Children are injured in daycare through inadequate supervision, unsafe equipment, failure to childproof the environment, physical abuse by staff, failure to follow proper food allergy protocols, and transportation accidents. Every one of these failures is preventable, and every one creates liability for the daycare operator.
At Koussan Law, I represent families whose children have been injured in daycare facilities across Michigan. These cases are personal — because the children can't advocate for themselves, and the daycare's first instinct is to protect itself, not your child. I investigate what happened, who failed in their duty, and what the full scope of your child's injuries are, including developmental and psychological impacts that may not be apparent for months or years.
Michigan Daycare Licensing and Standards
Michigan's Department of Licensing and Regulatory Affairs (LARA) regulates daycare facilities through the Child Care Organizations Act — MCL § 722.111 et seq. Licensed daycares must comply with specific requirements for staff-to-child ratios, background checks for all employees, facility safety (fencing, playground equipment, fire safety), food preparation and allergy management, transportation safety, and discipline policies (corporal punishment is prohibited). Violations of these licensing requirements are evidence of negligence in a civil case — and in many cases, they constitute negligence per se.
Frequently Asked Questions
Q: What types of daycare injuries create legal claims?
Any injury caused by the daycare's negligence: falls from playground equipment that doesn't meet safety standards, injuries from inadequate supervision (child wanders into a dangerous area, child is injured by another child), allergic reactions from failure to follow documented food allergy protocols, burns from accessible hot surfaces or liquids, transportation accidents (daycare van crashes, failing to properly secure car seats), physical or sexual abuse by staff, and injuries from choking hazards in the environment. Each type of injury points to a specific failure in the daycare's duty of care.
Q: Can I sue a home-based daycare provider?
Yes. Home-based daycare providers owe the same duty of care as facility-based daycares. In Michigan, home-based providers caring for more than one unrelated family's children must be licensed or registered with LARA. Licensed or not, the provider owes a duty of reasonable care to every child in their custody. Home-based providers typically carry homeowner's or renter's insurance, and some carry specific daycare liability policies. I identify every available insurance policy to pursue recovery.
Q: What if the daycare asks me to sign a liability waiver?
Liability waivers for childcare facilities are generally unenforceable in Michigan for injuries resulting from negligence. A daycare cannot contractually waive its duty to provide a reasonably safe environment and adequate supervision for children. The law recognizes that parents need childcare and shouldn't be forced to waive their children's safety rights as a condition of enrollment. Don't let a waiver discourage you from pursuing a legitimate claim.
Q: What is the statute of limitations for a daycare injury claim in Michigan?
Three years from the date of injury under MCL § 600.5805. For minors, the statute is tolled under MCL § 600.5851 until the child turns 18, extending the deadline to age 21. For sexual abuse claims, MCL § 600.5851b provides until age 28. These extended deadlines are critical because many daycare injuries — particularly developmental and psychological impacts — may not be fully understood until the child is older.
