As a parent, you trust that schools and daycare centers will care for your child with the utmost responsibility. When that trust is broken due to neglect or abuse, it’s not only heartbreaking, but it’s also a violation of your child’s rights and safety. In such cases, many parents understandably ask if they can sue the daycare or school for what happened?

The answer is yes, under certain conditions. In 2022, Florida received over 242,000 reports of child abuse and neglect, with more than 138,000 leading to investigations, with roughly 24,500 confirmed victims. These figures illustrate the alarming frequency of maltreatment and the need for vigilance in all childcare settings.

If a child suffers harm due to negligence, abuse, or inadequate supervision, the daycare, school, or responsible employees may be held legally liable. At RTRLAW, we take child safety extremely seriously. Our attorneys work closely with families to hold institutions accountable and pursue justice on behalf of young victims.

What Qualifies as Daycare or School Neglect or Abuse?

Neglect and abuse in educational or childcare settings can take many forms, some more obvious than others. Neglect involves a failure to provide proper care, supervision, or protection. Abuse may be physical, or even sexual.

Examples of potential neglect or abuse in these settings include:

  • Inadequate supervision resulting in injury
  • Failure to intervene in bullying or violence
  • Unsafe premises or broken equipment
  • Unsanitary or hazardous conditions
  • Physical punishment or harsh discipline
  • Sexual abuse or inappropriate behavior by staff or other students

These behaviors contribute to the larger statewide trend: in 2023 and 2024, Florida’s verified maltreatment rate was 4.15 per 1,000 children. This is a sobering reminder that such risks are not hypothetical.

Neglect doesn’t always leave visible marks, and abuse isn’t always reported by the child. That’s why it’s essential for parents to trust their instincts, monitor changes in behavior, and seek legal advice if something feels wrong.

When those entrusted with your child’s care fail in their duty, it’s not just a violation of policy, it may be a violation of the law. Holding daycares and schools accountable protects not only your child but others in the future.

What are the Most Common Injuries from Daycare or School Neglect?

Children are naturally active and prone to occasional bumps or bruises, but certain injuries are clear red flags for negligence or abuse in a supervised setting. When staff fail to monitor children properly, maintain safe conditions, or intervene during dangerous behavior, serious harm can result.

Some of the most common injuries seen in daycare or school neglect cases include:

  • Broken bones or fractures from falls off unsafe playgrounds or unsupervised climbing
  • Head injuries caused by slips, trips, or being struck by objects
  • Burns from hot surfaces, spilled food, or improper access to electrical equipment
  • Choking injuries due to lack of food supervision or access to small items
  • Bruises and welts from rough handling, physical punishment, or peer violence
  • Cuts and lacerations from sharp or broken objects on the premises
  • Infections or rashes from poor hygiene, diaper neglect, or unsanitary conditions

Not every injury indicates abuse, but patterns of harm, repeated incidents, or lack of transparency from caregivers should raise immediate concern.

When injuries occur due to lack of supervision, unsafe facilities, or abusive behavior, it’s more than an accident, and it may be a legal violation. If your child was harmed in a childcare setting, RTRLAW can investigate and help you take legal action to protect your child and prevent future harm.

When Can You Sue a Daycare or School for Negligence?

In order to successfully sue a school or daycare for neglect or abuse, you must show that the facility or its staff acted negligently and that this negligence caused harm to your child. That means proving:

  • The facility owed your child a duty of care
  • That duty was breached through neglect or misconduct
  • Your child suffered an injury or harm as a result

Public schools may be protected by sovereign immunity, which can limit lawsuits against government-run institutions. However, exceptions exist, especially in cases involving gross negligence, abuse, or violations of constitutional rights. Private schools and daycares, on the other hand, are generally not immune and can be sued like any private business.

While suing a school or daycare can involve legal complexities, especially when government immunity is involved, parents have a right to seek justice when their child is harmed. An experienced attorney can help you determine whether you have a valid claim.

What Types of Compensation Can You Recover?

If your child was harmed due to neglect or abuse, you may be entitled to several types of compensation through a civil lawsuit:

  • Medical expenses (including therapy or psychological care)
  • Pain and suffering experienced by the child
  • Loss of future earnings or developmental harm (in severe cases)
  • Punitive damages (in cases of gross misconduct or abuse)

Each case is unique, and the amount of compensation depends on the severity of the harm, the extent of the negligence, and the long-term impact on your child’s well-being.

The goal of a lawsuit isn’t just financial. It is largely about accountability, closure, and protecting your child’s future. At RTRLAW, we fight to ensure that no family has to bear the burden of institutional negligence alone.

What Should You Do if You Suspect Daycare or School Neglect?

If you believe your child has been neglected or abused in a school or daycare setting, act quickly. Taking these immediate steps can help preserve evidence and protect your child’s safety:

  1. Seek medical attention if your child is injured or showing signs of trauma
  2. Document any physical injuries or behavioral changes
  3. Report your concerns to the facility’s administration in writing
  4. File a report with local law enforcement or child protective services
  5. Consult an attorney to understand your legal options

The earlier you take action, the better your chances of uncovering the truth and building a strong legal case. Waiting too long could also impact your ability to file a claim due to Florida’s or your state’s statute of limitations.

Your child’s safety comes first and time matters. RTRLAW’s personal injury legal team is here to help you navigate this painful process, protect your family’s rights, and fight for the justice your child deserves.

Why Choose RTRLAW for a Daycare or School Neglect Case?

Cases involving children are highly sensitive and require a legal team that combines skill with compassion. At RTRLAW, we have over 35 years of experience fighting for victims of negligence, including the most vulnerable among us.

We understand the emotional weight of these cases and because of that, we offer:

  • Free, confidential consultations with zero pressure
  • No fees unless we win your case
  • Experienced trial attorneys who are not afraid to take on large institutions
  • Personalized legal support and updates every step of the way

If your child was injured or mistreated at a school or daycare, don’t try to handle it alone. Let RTRLAW stand beside you with the legal strength and personal care you need to move forward.

Call 1-833-HIRE-RTR (1-833-447-3787) or fill out our online for to schedule your free, confidential consultation today.