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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, March 7, 2017

Recorded event now available

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Course Materials

This CLE course 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.
Jess Johnson, Esq.

Pate & Johnson

Mr. Johnson’s personal injury practice encompasses both trial and appellate work. He is currently involved...  |  Read More

keane, Christopher
Christopher Keane

Keane Law Firm

Mr. Keane’s practice is focused on the representation of injured, abused and deceased children. He has practiced...  |  Read More

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