WGK Personal Injury Lawyers | January 8, 2026 | Child Injury
Sending your child to daycare requires trust. Parents expect providers to supervise children, prevent unsafe behavior, and intervene before conflicts escalate. When one child hurts another, it’s normal to wonder who is responsible and whether it could have been prevented.
In Maryland, liability depends on the facts. Children are rarely legally responsible, but a daycare, staff member, or another party may be liable if poor supervision, unsafe conditions, or negligent policies contributed to the injury.
Are Daycares Automatically Liable When a Child Hurts Another Child?
No. A daycare is not automatically liable every time one child hurts another. Children play, argue, and sometimes act impulsively. The law recognizes that not every injury is preventable.
However, daycares have a legal duty to provide reasonable supervision and a safe environment. When a daycare fails to fulfill its duty, and a child is injured as a result, liability may arise.
The key legal question is not simply who caused the injury, but whether the daycare could have and should have prevented it.
Who Can Be Liable When a Child Is Injured at Daycare in Maryland?
Several parties may be legally responsible depending on how and why the injury happened.
The Daycare Center Itself
In many cases, the daycare center is the primary party responsible. Maryland law requires licensed childcare providers to follow strict rules regarding supervision, staffing, safety policies, and child-to-staff ratios.
A daycare may be liable if it failed to:
- Adequately supervise children
- Intervene in aggressive or dangerous behavior
- Separate children known to have violent tendencies
- Maintain safe play areas
- Follow the required staff-to-child ratios
- Enforce safety rules
If proper supervision would have prevented the injury, the daycare may be legally responsible.
Daycare Employees or Caregivers
Individual caregivers may also play a role. While claims are often brought against the daycare business, staff actions matter too.
Examples of caregiver negligence include:
- Leaving children unattended
- Ignoring escalating conflicts
- Failing to follow behavior plans
- Allowing rough or dangerous play
- Being distracted by phones or other tasks
In most cases, the daycare is legally responsible for employee negligence under the principle of vicarious liability.
The Daycare Owner or Management Company
In some cases, poor policies cause injuries. Owners or management companies may be liable for:
- Inadequate hiring practices
- Poor training
- Chronic understaffing
- Failure to discipline unsafe employees
- Ignoring prior incidents
Patterns of neglect often strengthen liability claims.
Another Child’s Parents (Rare Cases)
Parents of the child who caused the injury are rarely liable under Maryland law. Very young children are rarely held legally responsible for negligence.
However, limited exceptions may apply if:
- Parents knew their child posed a serious danger
- Parents failed to disclose known violent behavior
- The injury occurred outside of daycare supervision
These cases are uncommon and highly fact-specific.
What Does Maryland Law Require Daycares to Do?
Maryland imposes strict regulations on childcare facilities. Under Maryland law, daycares must:
- Maintain proper supervision at all times
- Follow the required child-to-staff ratios
- Train staff in proper child safety and behavior management
- Provide age-appropriate activities and equipment
- Remove hazards from play areas
- Address known behavioral issues
Failure to follow these regulations may support a negligence claim.
When a Daycare Is Considered Negligent
A daycare may be negligent if it knew or should have known that a dangerous situation existed and failed to act.
Common examples include:
- Repeated aggressive behavior by the same child
- Prior incidents involving injuries
- Ignoring complaints from parents
- Leaving children unsupervised during playtime
- Mixing age groups inappropriately
- Allowing rough play beyond developmental limits
Negligence often becomes clear when injuries were foreseeable and preventable.
How to Bring a Successful Daycare Injury Claim in Maryland
To succeed in a daycare injury claim, parents must prove several legal elements:
- Duty of care: Daycares owe children a heightened duty of care. They must act as reasonably careful childcare providers under similar circumstances.
- Breach of duty: Parents must show the daycare failed to meet that standard. This may involve proving inadequate supervision, policy violations, or unsafe practices.
- Causation: The daycare’s failure must have directly caused or contributed to the injury. In other words, proper supervision would likely have prevented the harm.
- Damages: There must be real harm, such as physical injuries, emotional trauma, or financial losses.
Evidence That Strengthens a Daycare Injury Case
Strong evidence makes daycare claims far more successful and may include:
- Incident reports
- Surveillance footage
- Witness statements
- Parent complaints or prior reports
- Licensing violations
- Medical records
- Photos of injuries or play areas
- Staff schedules and ratios
Daycares often control much of this evidence. This means early legal involvement is critical to securing the information you need to prove your case.
What Damages Can You Recover in a Maryland Daycare Injury Case?
If your child was injured due to daycare negligence, Maryland law may allow recovery of economic, non-economic, and sometimes punitive damages.
These damages may include:
- Emergency care
- Doctor visits
- Specialist treatment
- Therapy or counseling
- Follow-up care
- Physical pain and suffering
- Emotional distress
- Fear or anxiety
- Trauma related to the incident
These damages recognize a family’s financial losses as well as the non-financial harm children experience.
Contact the Dundalk Child Injury Attorneys at WGK Personal Injury Lawyers for Help Today
When your child is hurt at daycare, the emotional toll can be overwhelming. You deserve clear answers and accountability.
Under Maryland law, daycares must protect the children entrusted to their care. When they fail, WGK Personal Injury Lawyers can help. Our Dundalk child injury lawyers will assist you in determining who may be liable, how to pursue a claim, and how to secure the resources your child needs to heal and move forward.
If your child has been injured at a daycare in Dundalk, MD, contact us today for a free consultation. Holding negligent daycares accountable not only helps your family – it protects other children as well.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144
