Parents Have a Right to Expect Daycare Providers Will Keep Their Child Safe

In today’s society of two-parent incomes, it seems like day cares are a necessity for parents across the nation. Indeed, the National Center for Education Statistics reports that an estimated 13 million children are enrolled in day care in America. Almost 100 percent of day care requests by parents are for full-time care.

When a parent leaves a child at a daycare facility they expect their child will be kept safe. Because of their young age, many children in daycare require constant and individual attention on a regular basis. Studies have found that thousands of young children suffer from a daycare injury each year in the United States.

Types of Child Care Injuries

If your child, or the child of a loved one, has suffered day care injury as a result of another’s negligence you have the right to hold those individuals or businesses responsible for your child’s injuries. The personal injury and premises liability laws of your state will control the lawsuit, and the extent to which the day care may be held responsible. The skilled legal professionals at The Law Offices of Gerald J. Noonan can evaluate your case and determine the best course of legal action.

Child Care Facility Requirements

Child Care facilities in Massachusetts must only use indoor and outdoor equipment, materials, furnishings, toys, and games that are appropriate to the ages, needs and developmental level of the children enrolled. They must be sturdy, safely constructed and installed, non-tippable, flame retardant, easily cleaned, and free from lead paint, protruding nails, rust, and other hazards that may be dangerous to children.

(a) The daycare must not use any equipment, materials, furnishings, toys, or games identified by the U.S. Consumer Product Safety Commission as being hazardous.

(b) The daycare must keep all equipment, materials, furnishings, toys, and games clean and in a safe, secure, and workable condition.

(c) The educator must arrange furnishings and fixtures safely, with sharp edges protected, and in such a way as to not present hazards to children.

(d) All play equipment, fences and structures must be free of entrapment hazards.

(e) Riding toys must not be used in any room where there is access to falling hazards.

(f) Electric fans, if used, must not be accessible to children.

(g) Educators must ensure that all hazardous objects, including but not limited to matches, lighters, toxic materials, sharp objects, plastic bags and purses are locked or inaccessible to children.

  1. Toxic substances must be stored separately from food and medications.
  2. All toxic substances must be labeled as to the contents and antidote.

(h) Strings and cords longer than six inches that are not part of recreational or educational materials, including, but not limited to cords on window blinds, curtains or shades, must be kept out of children’s reach to prevent window blind/curtain/shade strangulations accidents.

(i) There must be a barrier between children’s activity space and the kitchen

Child Care Staffing Requirements

Childcare facilities must maintain sufficient numbers of qualified staff to promote the health, safety, growth and development of each child. Staff and Supervisors must exercise appropriate supervision of the children in their care in order to ensure their health and safety at all times. Such supervision must include, but not be limited to, indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions between activities.

Ratios: The program must have the number of staff necessary to:

(a) ensure adequate supervision of the group at all times;

(b) provide individual attention to children; and

(c) promote their physical, social, emotional and cognitive development.

Regulation NumberGroup SizeMinimum Number of Educators PresentLimits on Ages of Children
7.10(4)(d)6 or fewer children1 educatorNo more than 3 children under two years of age, including at least one toddler who is walking independently. Additional children must be older than 24 months.
7.10(4)(e)7 or 8 children1 educatorNo more than 3 children under two years of age, including at least one toddler who is walking independently. Additional children must be older than 24 months. All children over capacity of six must be school age.
7.10(4)(f)6 or fewer children2 educatorsNo more than 6 children under two years of age
7.10(4)(g)7 – 10 children2 educatorsNo more than 6 children under two years of age, including no more than 3 infants
7.10(4)(h)7-10 children3 educatorsNo more than 6 infants. Additional children must be 15 months or older.


Day Care Injury Help

Experienced Boston Area Child Daycare Accident Victim Personal Injury Attorneys – Initial Consultations Are Always Free – No Fee Unless We Recover For You

If your child has been injured as a result of another in a day care injury, call the skilled attorneys at The Law Offices of Gerald J. Noonan today. Child day care injuries can be serious or may even cause death. Our attorneys have represented the families of child victims for more than 35 years; our child daycare injury attorneys will go after the compensation to which your family is entitled.

No matter where you are located, we are just a phone call away. Call our law offices today to schedule a free no-obligation case review and consultation at (508) 588-0422 or click the link below to use our Free Case Evaluation Form.

Our personal injury trial lawyers assist clients throughout all of Southeast Massachusetts including, but not limited to, those in the following counties, cities and towns: Plymouth County including Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Wareham, Abington, Rockland, Whitman, Hanson, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Mansfield, Easton, Raynham, Norton; and the Greater Boston area including Cambridge, Lynn, Revere, Everett, Dorchester, Roxbury and Somerville.