When parents leave their child at daycare, they are placing their most precious responsibility into someone else’s hands. You expect safety. You expect supervision. You expect care. You do not expect negligence, abuse, or silence.
Infants and young children are uniquely vulnerable. They cannot speak up when something feels wrong. They cannot protect themselves from unsafe conditions. And when the adults entrusted with their care fail, the consequences can be devastating.
Daycare negligence doesn’t just cause physical injuries—it shatters a family’s sense of safety. Parents are left questioning every decision. Children may experience fear, regression, or trauma that lingers long after the bruises fade.
At Marko Law, we understand that daycare negligence cases are about more than legal claims—they’re about protecting children, restoring trust, and holding caregivers accountable. A Michigan daycare negligence attorney’s role is to stand up for children who can’t speak for themselves and to give families a clear path forward when the unthinkable happens.
What Is Daycare Negligence Under Michigan Law?
The Legal Definition of Daycare Negligence
Under Michigan law, daycare negligence occurs when a childcare provider fails to exercise reasonable care and that failure causes harm to a child. This applies to:
- Daycare centers
- Preschools
- In-home childcare providers
- Corporate childcare chains
The Duty of Care Owed to Children
Daycares owe children a high legal duty of care. That duty includes:
- Proper supervision at all times
- Safe environments and equipment
- Trained, screened caregivers
- Compliance with state licensing rules
Children are not adults. The law recognizes they require heightened protection.
Accidents vs. Negligence
Not every childhood injury is negligence—but many are wrongfully dismissed as “accidents.” The key difference:
- Accident: Unavoidable, despite proper care
- Negligence: Preventable harm caused by carelessness, understaffing, or rule violations
If proper supervision or safety measures would have prevented the injury, negligence may be present.
Lack of Supervision as a Legal Violation
Inadequate supervision is one of the most common—and most dangerous—forms of daycare negligence. When children are left unattended, even briefly, the risk of serious injury skyrockets.
Why Children Are Owed a Heightened Duty of Care
Michigan law recognizes that children:
- Cannot assess danger
- Cannot protect themselves
- Cannot report abuse reliably
That’s why the legal standard for childcare providers is strict—and why violations are taken seriously.
Common Types of Daycare Negligence in Michigan
Inadequate Supervision
Children left alone or improperly monitored may suffer falls, choking incidents, or abuse by others.
Unsafe Sleeping Practices
Improper cribs, unsafe bedding, or failure to follow safe sleep guidelines can increase the risk of suffocation and SIDS-related tragedies.
Physical Abuse by Caregivers
Shaking, hitting, rough handling, or excessive force by staff is never acceptable—and always actionable.
Emotional Abuse and Neglect
Yelling, humiliation, isolation, or ignoring a child’s needs can cause lasting emotional damage.
Failure to Prevent Child-on-Child Abuse
Daycares have a duty to intervene and supervise interactions. Allowing aggressive behavior to continue is negligence.
Unsafe Playground Equipment or Facilities
Broken equipment, hard surfaces, and poorly maintained play areas lead to preventable injuries.
Improper Discipline or Restraint
Using physical restraint or inappropriate discipline methods violates both safety standards and trust.
Medication Errors
Incorrect dosing, administering the wrong medication, or failing to follow parental instructions can cause serious harm.
Failure to Follow Food Allergy or Dietary Restrictions
Ignoring known allergies or dietary needs can lead to life-threatening reactions.
Michigan Daycare Laws and Licensing Requirements
LARA Oversight
Daycares in Michigan are regulated by the Michigan Department of Licensing and Regulatory Affairs (LARA). This agency sets and enforces safety standards for childcare providers.
The Child Care Licensing Act
Michigan’s Child Care Licensing Act establishes rules governing:
- Facility operations
- Staff qualifications
- Safety protocols
- Reporting obligations
Staff-to-Child Ratio Requirements
Michigan law limits how many children each caregiver may supervise at once. Violating these ratios is a major safety risk—and strong evidence of negligence.
Mandatory Background Checks
Caregivers must undergo background checks. Failure to properly screen employees can expose children to serious danger.
Training and Certification Requirements
Staff must be trained in:
- Child development
- First aid and CPR
- Emergency procedures
- Safe sleep practices
Safety, Sanitation, and Facility Standards
Daycares must maintain clean, hazard-free environments. Unsafe facilities often signal deeper problems.
Reporting Requirements for Injuries and Abuse
Daycares are legally required to report injuries, incidents, and suspected abuse. Missing or inconsistent reports raise red flags.
How Licensing Violations Strengthen Negligence Claims
When a daycare violates state licensing rules, it can:
- Establish negligence
- Support liability claims
- Expose systemic failures
At Marko Law, we investigate these violations aggressively—because rules exist to protect children, and breaking them should have consequences.
Who Can Be Held Liable in a Michigan Daycare Negligence Case?
Individual Daycare Workers or Caregivers
Caregivers may be personally liable when they:
- Abuse a child
- Fail to supervise
- Ignore safety protocols
- Act recklessly or negligently
Daycare Owners and Operators
Owners are responsible for:
- Hiring and staffing decisions
- Training and supervision
- Ensuring compliance with state regulations
They cannot escape responsibility by blaming “one bad employee.”
Corporate Childcare Chains
Large childcare corporations often prioritize profit over safety. Corporate policies, understaffing, and cost-cutting measures can create dangerous conditions—and corporations can be held liable for them.
Directors and Supervisors
Daycare directors and managers may be liable for:
- Ignoring complaints
- Failing to discipline staff
- Allowing unsafe practices to continue
Property Owners or Management Companies
If unsafe premises—such as broken equipment, hazardous surfaces, or poor maintenance—contributed to a child’s injury, the property owner may share liability.
Third-Party Contractors or Service Providers
Outside vendors responsible for:
- Food services
- Transportation
- Cleaning or maintenance
can also be held accountable if their negligence caused harm.
At Marko Law, we investigate the entire chain of responsibility—because your child’s safety should never fall through the cracks.
What Compensation May Be Available to Families
Emergency and Ongoing Medical Expenses
This includes:
- ER visits and hospital stays
- Surgeries and specialist care
- Follow-up treatment
Therapy and Rehabilitation Costs
Children may require:
- Physical therapy
- Occupational therapy
- Speech therapy
Psychological Counseling for Child and Family
Trauma affects the entire household. Counseling for both the child and parents may be compensable.
Long-Term Developmental Care
Some injuries affect a child’s development for years—or for life. Compensation may cover:
- Special education services
- Assistive devices
- Long-term care planning
Pain and Suffering
Children experience pain and fear differently—and the law recognizes their suffering.
Emotional Distress of Parents
Watching your child suffer due to negligence is devastating. Michigan law may allow recovery for parental emotional distress in certain circumstances.
Loss of Future Quality of Life
When negligence permanently alters a child’s future, compensation must reflect that loss.
Wrongful Death Damages
In the most tragic cases, families may pursue damages for:
- Funeral and burial expenses
- Loss of companionship
- Lifetime emotional and financial loss
At Marko Law, we fight for compensation that truly reflects what was taken from your family.
What to Do If You Suspect Daycare Negligence in Michigan
Seek Immediate Medical Care for Your Child
Your child’s health comes first—and medical records preserve critical evidence.
Document Injuries and Behavior Changes
Take photos, videos, and notes. Track:
- Bruises, marks, or injuries
- Changes in sleep, mood, or behavior
Request Incident Reports in Writing
Ask the daycare for all documentation related to the incident—and keep copies.
Report Concerns to LARA and Child Protective Services
When appropriate, report suspected negligence or abuse to:
- Michigan Department of Licensing and Regulatory Affairs (LARA)
- Child Protective Services (CPS)
These reports create official records.
Preserve Clothing, Photos, and Communications
Do not wash clothing involved in an incident. Save emails, texts, and messages.
Do Not Confront the Daycare Alone
Confrontations can lead to:
- Evidence destruction
- Retaliation
- Shifting stories
Contact a Michigan Daycare Negligence Attorney Immediately
Early legal action protects your child—and your family.
Why Choosing the Right Michigan Daycare Negligence Attorney Matters
Experience Handling Child Injury and Abuse Cases
Children’s cases require sensitivity, precision, and strength.
Deep Understanding of Michigan Childcare Regulations
Knowing the rules—and how they’re violated—is essential to proving negligence.
Ability to Investigate Facilities and Staff History
We look beyond the incident to uncover:
- Prior complaints
- Licensing violations
- Hidden patterns of neglect
Willingness to Take on Daycare Corporations and Insurers
Large facilities and insurers fight hard to protect themselves. So do we.
Trauma-Informed Representation for Families
At Marko Law, we handle these cases with:
- Compassion
- Respect
- Relentless advocacy
At Marko Law, we fight hard—and we don’t back down.
If your child was harmed due to daycare negligence in Michigan, your family deserves answers—and justice.
Your Child’s Safety Is Non-Negotiable
Every child deserves to be safe, protected, and treated with dignity—especially when they are left in the care of others. When a daycare fails to meet that responsibility, the harm can echo through a child’s life and a family’s future. Negligence is not a mistake. It’s a breach of trust.
Accountability matters—not only to secure justice for your child, but to prevent future harm to other families. Holding negligent daycare providers responsible forces change, exposes unsafe practices, and sends a clear message that children are not expendable.
At Marko Law, we fight hard—and we don’t back down. If your child was harmed due to daycare negligence in Michigan, we’re ready to stand with your family and pursue the justice your child 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: https://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
- Free, confidential consultations — you don’t pay unless we win
- Based in Detroit, trusted across Michigan
Ready to make your voice heard?
We’re not here to play games. We’re here to win.

