New Mexico Daycare Injury Lawyers

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As a parent, one of the most important things in your life is your child and their safety. When you drop your child off at daycare, you have to trust that the daycare facility will care for your child and protect them from harm. However, when your kid is injured at daycare, your trust may be broken, and your child may suffer serious consequences. When an incident like this happens, it can leave victims and their families with significant medical bills, scrambling to find other childcare options, and pain and suffering.

The attorneys at Zinda Law Group have experience representing daycare accident victims in New Mexico and helping their families receive the compensation they deserve. Call us today at (800)-863-5312 for a free attorney consultation with skilled New Mexico daycare injury lawyers.

What should I do after a daycare injury? 

You may not find out about a daycare injury right after it occurs. Daycare providers have different policies, but you may not learn about a minor injury until you pick your child up at the end of the day. However, there are several steps that you should take once you pick your child up from daycare.

Monitor Injuries

If your child was hurt at daycare but was not immediately taken to the hospital for treatment, you should visit your child’s pediatrician to determine whether any medical treatment is needed. After you leave the hospital or doctor’s office, be sure to watch for any additional signs or symptoms that your child may display in the days following the accident.

Document the Damage

It can be challenging to document an accident that occurred at a daycare facility when you don’t have full access or an understanding of how the facility is laid out. However, some daycare centers may have surveillance cameras which can help paint a picture of how the accident occurred. If this is the case, be sure to ask for a copy of the recording for that day. You should also be sure to speak with any witnesses, such as other childcare providers or staff members who saw the accident occur and collect their contact details.

It is important to take pictures of your child’s injuries. This can include cuts and bruises as well as broken bones or other serious injuries. You also need to keep track of all receipts and paperwork related to your kid’s accident. This includes emergency treatment and hospital bills, among other expenses.

Speak with a Daycare Injury Lawyer

Our New Mexico daycare injury lawyers are here to help walk you through every step of the process of filing a claim. They will ensure your child receives proper medical treatment, investigate the accident, interview witnesses, negotiate with the insurance company, file a lawsuit, and go to trial if necessary.

At Zinda Law Group, we can help you determine the damages you are entitled to and help you seek justice. The amount of compensation you are eligible for will depend on the extent of your child’s injuries and the amount of the medical bills, among other things.

common Daycare injuries

Kids are naturally curious and love to explore the world around them. However, when this curiosity isn’t closely supervised, children can be injured. While daycare accidents happen for a number of reasons, some of the most common injuries that children suffer while at daycare include:

  • Burns
  • Broken bones
  • Choking
  • Drowning
  • Falls
  • Poisoning
  • Scrapes and bruises
  • Traumatic brain injury

common Daycare hazards

Accidents can happen anywhere on a daycare provider’s property, but some of the most common situations include:

Playground Injuries

Playgrounds are great places for kids to burn off energy, but they can also contain equipment that children can injure themselves on. Children can fall off monkey bars and other climbing equipment and break their bones or suffer from a traumatic brain injury. In some cases, old playground equipment may be falling apart and children can be injured by broken pieces.

Falling Objects

Children are often curious about items that are just outside of their reach. However, when these items are not stored in a secure manner, kids may be injured by heavy objects falling off them, such as from a table or shelf.

Snack Time

Children are at risk for choking during meal and snack times. Daycare providers are responsible for serving age-appropriate food. When providers fail to cut up food into bite-sized pieces for little ones, the chances of a child choking on their food increases.

Improper Storage

Cleaning supplies, chemicals, medications, and other hazardous items should always be kept out of reach and in a child-proof lock. When these items are found by curious children or they are left out for children to find, they may ingest or inhale harmful chemicals that can cause serious damage.

Other Kids

Children can bite, hit, or push other kids around at daycare. Bullying can happen anywhere. While it may not always be malicious behavior, it is still important that daycare providers recognize and address children who are misbehaving and put an end to dangerous actions.


Most licensed daycare centers will avoid installing a pool because of the drowning risk they pose to children. However, some small daycare centers that run childcare services from their home may have a pool, where children should always be supervised. Even if a child is not swimming, they could trip, fall, and drown if they are left alone for even a few minutes near a pool.

who can be held responsible for a child’s injuries

In most daycare accident cases, you will need to show that the daycare center had a duty to properly supervise your child, that this duty was breached, and that because the daycare center failed in their duty to supervise your child, the child was directly harmed. In some cases, more than one party or person may be held responsible for your child’s injures. Although each circumstance is unique, the most common people who are sued for daycare injuries are the following:

Daycare Facility Owner

The daycare or childcare facility owner may be held liable for injuries if they are found to have acted negligently. Negligent actions could be failing to supervise a child, placing a dangerous object in arm’s reach, failing to secure chemical hazards, unsanitary conditions, or hiring employees without the proper background checks or certifications.


Employees may be held liable when their actions or lack of actions contributed to your child’s injury. For example, if an employee accidentally leaves bleach open and a child ends up drinking it, the employee may be held liable for your child’s injuries because they did not secure the product in a locked cabinet. Additionally, when employees are distracted, not paying attention, or on their phone, they may fail to provide adequate supervision.


Who Can File a Lawsuit on Behalf of the Injured Child?

Courts recognize that when a child is injured, they will not be able to bring a claim before the court on their own. For this reason, parents and legal guardians of the child who was injured have the right to file a lawsuit on their behalf. Any compensation rewarded in the case can help parents cover the child’s medical expenses and treatments.

Do I Need to Report the Accident?

When your child is seriously injured at daycare, you can report the injury to Early Childhood Education and Care Intake Center at 1-888-351-0037 or via email: [email protected]. This will help to create a record and strengthen your legal case as well as bring the injury to the attention of the state of New Mexico. Although not required, when the state sees a pattern of repeat violations, it can be an indicator that the daycare facility is unsafe and should be further investigated.

Should I Still Send My Child to Daycare Where They were Injured?

As a parent, it can be difficult to find arrangements for childcare, especially on short notice. However, in some cases, a daycare injury can point to a larger problem, indicating that the daycare environment is not safe for your child. Sending your child back to the same daycare provider may jeopardize your child’s safety and cause further injuries. In these cases, you should try to make different childcare arrangements.

How Much Time Do I Have to File a Lawsuit?

If your kid was injured in a daycare accident and you want to file a lawsuit against the daycare provider, you need to be aware of the time limits, or statutes of limitations, that are in place. In New Mexico, you have three years from the date of the accident to file a claim for your child’s injuries. However, if you do not file a lawsuit for your child, they will have a year after turning 18 to bring a lawsuit. It is best to contact a lawyer as soon as possible to make sure your family receives the compensation they deserve.     

CONtact a lawyer who handles daycare accidents

At Zinda Law Group, our daycare injury attorneys have helped many families receive the compensation they deserved after their children were hurt at daycare facilities. We have the knowledge and resources to ensure that your family is not stuck paying medical expenses for an accident that was not your child’s fault.

We believe a daycare injury victim’s family should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you will be expected to pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.

If your child was injured at daycare, call Zinda Law Group at (800)-863-5312 to receive your free consultation with one of our experienced New Mexico daycare injury lawyers today.

Meetings with attorneys are available by appointment only.