Daycare Injury Litigation

Assessing Claims, Proving Causation and Foreseeability, Navigating Complex Valuation and Settlement Issues

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, March 7, 2017
Recorded event now available

This CLE webinar will provide guidance to personal injury counsel for pursuing claims against daycare centers over injuries to children in their care. The panel will discuss effective strategies for assessing a potential claim and sources of recovery, proving causation and foreseeability, valuing claims, dealing with signed releases or waivers, and negotiating potential settlements with insurance companies.


More than 11 million U.S. children under age five receive childcare in settings outside of their home while their parents work or attend school. Each year, a significant number of children in daycare settings are injured by hot liquids, falling objects, faulty doors or cabinets, dangerous furniture, playground equipment, and other safety hazards.

When a child is injured as a result of a daycare center’s failure to take adequate precautions to prevent reasonably foreseeable dangers, the daycare center may face liability and exorbitant damages.

To effectively represent their clients, personal injury counsel must have an expert understanding of their state’s minimum requirements for the health and safety of daycare centers, as well as common law standards of care.

Daycare injury litigation involves unique and complex issues related to valuing claims due to the child’s inability to communicate the full extent of his or her injuries and the difficulty of quantifying future losses for long-term emotional and psychological damage a child may suffer as a result of the injury.

Listen as our authoritative panel discusses best practices for personal injury counsel for pursuing daycare injury cases, from assessing claims through negotiating with insurance adjusters.


  1. Assessing cases
    1. Interviewing clients
    2. Evaluating sources of recovery
  2. Proving liability
    1. Theories of liability
    2. Causation
    3. Foreseeability
    4. Impact of signed release forms
  3. Valuing claims
  4. Negotiating settlements with insurance companies


The panel will review these and other key issues:

  • What are the legal and practical considerations for personal injury attorneys pursuing claims involving injury to a child in daycare?
  • How can personal injury plaintiff counsel prove causation and foreseeability in daycare injury cases?
  • What challenges do personal injury counsel face in valuing daycare injury claims—and how can they be overcome?
  • What defenses are often raised in these cases—and how can personal injury plaintiff counsel defeat them?


Jess Johnson, Esq.
Pate & Johnson, Atlanta

Mr. Johnson’s personal injury practice encompasses both trial and appellate work. He is currently involved in several serious claims relating to injuries to children that have occurred at daycare or other supervised learning centers. Mr. Johnson is experienced in investigating these claims, filing lawsuits when necessary, and helping clients and their children recover from their injuries.

Christopher Keane, Founder
Keane Law Firm, San Francisco

Mr. Keane’s practice is focused on the representation of injured, abused and deceased children. He has practiced exclusively as a plaintiff’s trial lawyer since 1992 and frequently represents clients in daycare injury, wrongful death, failure to report child abuse, and foster care matters.


CLE On-Demand - Streaming Video

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On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $197.00

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Customer Reviews

Overall, a very good presentation. For my practice, the presentation was relevant and highly informative.

David Lawrenz

Hinkle, Hensley, Shanor & Martin

Great content, including everyday examples, provided by each speaker.

Tim Reed

Duncan Firm

The relevance of the material and impact on the PI practice area was greatly appreciated.

Derek M. Baroumes

Baroumes & Bruen

The webinar was well-presented, interesting and informative.

Randi Saul-Olson

McKinney, Wainwright & Saul-Olson

I liked the practical and specific tips.

Natalie Lyons

The Cannon Law Firm

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Litigation Advisory Board

David R. Cohen


Reed Smith

Jeffrey J. Fowler


O’Melveny & Myers

Jonathan Evan Goldberg



Mark E. Goodman


Capes Sokol Goodman & Sarachan

Dean D. Hunt


Baker & Hostetler

Michael E. Lackey, Jr.


Mayer Brown

Stephen Paffrath


Greenberg Traurig

Anthony T. Pierce


Akin Gump Strauss Hauer & Feld

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