Leaving your child at daycare is an act of faith. You trust the staff will care for your child with the same attention and love you give them at home. But when that trust is shattered by negligence—when your child is injured, traumatized, or worse—it’s more than betrayal. It’s devastation.
Daycare negligence doesn’t just leave physical scars. It can haunt a child emotionally for years. Nightmares. Anxiety. Fear of being left alone. These are real consequences, and they deserve real accountability. And for you—the parent—it’s sleepless nights, hospital visits, and the crushing weight of “what if.”
At Marko Law, we make negligent daycare providers answer for what they’ve done. We’ve built our reputation on standing up to powerful institutions, exposing negligence, and delivering justice when it matters most. Whether your child was injured due to lack of supervision, dangerous conditions, or outright abuse, we’ll uncover the truth—and we’ll fight like hell to make it right.
We’re not a volume firm looking for fast settlements. We’re trial lawyers who don’t flinch when it’s time to go to court. When your child has been hurt, you deserve more than an apology. You deserve justice.
Legal Responsibilities of Childcare Centers in Michigan
Michigan Daycare Licensing & Safety Requirements
According to Michigan.gov/childcare, all licensed daycares in Michigan must comply with extensive safety, staffing, and facility requirements. This includes:
- Safe and sanitary environments
- Age-appropriate toys and furnishings
- Emergency preparedness plans
- Regular state inspections
Failure to meet any of these standards puts kids at risk—and may be grounds for legal action.
Staff-to-Child Ratio Rules
Michigan law sets specific child-to-staff ratios to ensure children are never left unattended or overwhelmed by inadequate supervision. For example:
- 1 caregiver per 4 infants
- 1 caregiver per 7 toddlers
- 1 caregiver per 10 preschoolers
If a daycare cuts corners on staffing to save money, your child could suffer the consequences.
Mandatory Background Checks and Training
All childcare workers must undergo criminal background checks and be trained in:
- Child safety and supervision
- First aid and CPR
- Recognizing signs of abuse or neglect
If your child’s caregiver had a history of violence or wasn’t trained properly, the daycare may be legally liable for hiring them in the first place.
Duty to Prevent Foreseeable Harm
Childcare providers have a legal duty to anticipate risks and take action before children get hurt. That means:
- Fixing broken equipment
- Keeping hazardous items locked away
- Watching for bullying or rough play
- Stepping in before a child puts themselves in danger
If a daycare ignored obvious risks, they may have breached their legal duty of care.
Mandatory Reporting Under Michigan’s Child Protection Law
Under Michigan’s Child Protection Law, daycare workers are mandatory reporters. If they suspect a child is being abused—by anyone—they must report it immediately to Child Protective Services.
Failure to report suspected abuse isn’t just negligence. It’s a crime.
Who Can Be Held Liable for Daycare Negligence?
Individual Caregivers
If a staff member directly caused harm—through abuse, lack of supervision, or unsafe conduct—they can be personally liable. We’ve seen cases where staff were distracted, under the influence, or dangerously unqualified. In these cases, accountability starts at the individual level.
Daycare Owners and Operators
Even if the owner wasn’t present, they’re responsible for:
- Hiring decisions
- Training protocols
- Staffing levels
- Facility maintenance
Third-Party Contractors
Was your child injured during transport? Some daycares outsource drivers, buses, or even food services. If a contractor’s negligence (like a reckless driver or unsanitary meal provider) caused harm, they too can be held legally responsible.
Schools, Churches & Nonprofits
Many daycare programs are run under the umbrella of larger institutions—like religious organizations or school districts. These institutions have a duty to oversee operations and ensure child safety. If they failed in that duty, we won’t hesitate to bring a claim against them.
Employer Liability Under Respondeat Superior
Under the legal doctrine of respondeat superior (Latin for “let the master answer”), an employer can be held liable for the negligent acts of their employees, as long as the employee was acting within the scope of their job duties Learn more here.
That means:
- If a caregiver was negligent on the job, the daycare owner may be liable.
- If an employee failed to report suspected abuse, their employer may share the blame.
How to Prove Daycare Negligence
To win a daycare negligence case in Michigan, we must prove four key elements:
1. A Duty of Care Existed
By accepting your child into their care, the daycare entered into a legal obligation to keep your child safe. This duty is well-established under Michigan law for all licensed childcare providers.
2. That Duty Was Breached
This is where negligence comes in. A breach means the daycare or staff failed to act reasonably—like leaving children unsupervised, ignoring safety hazards, or hiring unqualified workers.
3. The Breach Caused Your Child’s Injury
We must show that the harm wouldn’t have happened but for the daycare’s actions—or inaction. If a child wandered off and got hurt because no one was watching, that link is clear. We connect those dots.
4. Your Child Suffered Real Damages
These include:
- Medical bills (ER visits, follow-up care)
- Pain and suffering
- Emotional trauma
- Therapy costs
- Developmental delays caused by the incident
Preserve Every Piece of Evidence
You don’t need to prove this alone. But you can help your case by preserving key evidence:
- Photos of your child’s injuries or unsafe conditions at the daycare
- Incident reports or written communications from the daycare
- Witness statements from other parents, staff, or children
- Surveillance footage, if available (act fast—it can be erased quickly)
What to Do If You Suspect Daycare Negligence
Document Your Child’s Injuries
Take clear photos of any bruises, cuts, burns, or signs of distress. Keep records of doctor visits, medical notes, and your child’s symptoms. Your phone can be a powerful piece of evidence.
Request Incident Reports and Surveillance Footage
Ask the daycare for written reports about the incident—even if they downplay it. If the facility has cameras, request footage. If they refuse, contact us. We’ll issue legal demands to preserve and obtain that evidence before it “disappears.”
Report to Michigan CPS if Abuse Is Suspected
Under Michigan’s Child Protection Law, if you suspect any form of abuse, report it to Michigan Child Protective Services. Abuse includes physical harm, sexual misconduct, and emotional cruelty. Your report can trigger an official investigation—and help protect other children too.
Contact a Daycare Negligence Attorney—Fast
Evidence fades. Witnesses forget. Paper trails get shredded. The longer you wait, the harder it becomes to prove what happened.
That’s where Marko Law steps in. We act fast to preserve evidence, uncover the truth, and build a case that demands justice.
Damages You May Be Entitled To
Medical Costs (Past and Future)
From emergency room visits to ongoing treatment, you can recover the full cost of your child’s medical care, including:
- Hospital bills
- Medications
- Future surgeries or rehabilitation
- Specialized pediatric care
Pain and Suffering
Children can’t always verbalize their pain—but that doesn’t make it any less real. Michigan law allows for compensation for the physical pain and discomfort your child endured.
Emotional Distress
Negligence can cause deep emotional wounds. Many children suffer from:
- Nightmares
- Separation anxiety
- Behavioral regression
- Fear of returning to daycare
Therapy and Psychological Treatment
Long-term recovery often involves counseling or therapy. These costs—including child psychologists, trauma specialists, and behavioral therapy—should not fall on your shoulders. We fight to ensure those responsible pay for the help your child needs.
Punitive Damages for Gross Negligence or Abuse
In extreme cases—like deliberate abuse, willful neglect, or reckless hiring practices—Michigan law may allow for punitive damages. These are additional damages meant to punish the wrongdoer and deter similar conduct.
Justice for Your Child Can’t Wait
No parent should ever have to wonder whether their child is safe at daycare. But when that sacred trust is broken—through negligence, abuse, or carelessness—you deserve answers. You deserve justice.
At Marko Law, we believe in holding negligent childcare providers fully accountable. We’ve seen what these cases do to families. The confusion. The guilt. The sleepless nights. But you don’t have to suffer in silence—and you don’t have to face this fight alone.
Whether your child was injured, emotionally harmed, or worse, we’re here to expose the truth, demand justice, and pursue every dollar your family deserves.
Contact Marko Law for a Free Case Evaluation
📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com
Marko Law Will Give You A Voice
At Marko Law, we don’t just take cases — we take a stand. Whether you're facing an injury, injustice, or outright negligence, our team fights like it’s personal — because to you, it is.
- Over $500 Million recovered for our clients
- Proven track record in civil rights, personal injury & workplace justice
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- Based in Detroit, trusted across Michigan
Ready to make your voice heard?
We’re not here to play games. We’re here to win.