Drowning and Near-Drowning at Chicago Daycares

Every parent who drops a child off at a Chicago daycare trusts that facility with the most important person in their world. That trust carries a legal weight. When a child drowns or suffers a near-drowning at a daycare, the cause is almost never a freak accident. Most drownings result from inadequate supervision when a caregiver becomes distracted by a phone, doorbell, or other children. That kind of failure has a name in Illinois law: negligence. If your child was injured or killed in a drowning incident at a Chicago daycare, a Chicago abogado de lesiones personales at Briskman Briskman & Greenberg can help you understand your rights and pursue the accountability your family deserves.

Table of Contents

• How Drowning Happens at Chicago Daycares
• Illinois Laws That Protect Children From Drowning at Daycares
• Who Is Liable When a Child Drowns at a Chicago Daycare
• What Damages Can a Family Recover After a Daycare Drowning
• What to Do After a Drowning or Near-Drowning at a Chicago Daycare
• FAQs About Drowning and Near-Drowning at Chicago Daycares

How Drowning Happens at Chicago Daycares

Parents often picture drowning as something that happens in a large pool with a clear warning. The reality is far more alarming. Young children can drown quickly and silently in as little as one inch of water. That means a wading pool in a Lincoln Park daycare’s backyard, a water table on a Wicker Park playground, a mop bucket left in a utility room, or even a bathroom sink left unattended can become a life-threatening hazard in seconds.

Childhood drownings occur in backyard swimming pools, bathtubs, baby pools, decorative garden ponds, lakes and rivers, ditches, and even buckets. Daycares in Chicago and across the Chicago metro area use water in many activities, from sensory play to summer sprinklers to field trips near the lakefront. Each of those settings requires constant, active supervision. The moment a caregiver looks away, the risk becomes real.

For every child who drowns, five more need emergency medical care for injuries that can result in life-changing brain damage. Near-drowning survivors can suffer permanent cognitive impairment, motor deficits, seizures, and long-term developmental delays. These are not minor injuries. They are catastrophic, life-altering events that often require decades of medical care, therapy, and support.

The Illinois Department of Children and Family Services (DCFS) has been direct about this risk. In 2024, 19 Illinois children lost their lives to accidental drowning, including eight in pools and four in lakes. Nine of those children were age 5 and younger, including six who drowned in pools. Daycare-age children are squarely in the most vulnerable group, and their safety depends entirely on the adults responsible for them.

Illinois Laws That Protect Children From Drowning at Daycares

Illinois has a clear legal framework that places the duty of water safety on licensed daycare operators. The Illinois Child Care Act of 1969 (225 ILCS 10) is the foundation. It requires all licensed daycare centers to meet minimum safety and supervision standards set by DCFS. Those standards are spelled out in DCFS Rule 407, Licensing Standards for Day Care Centers, which was most recently amended effective June 18, 2025.

Under Section 407.290 of the Illinois Administrative Code, swimming and wading pools at daycare centers must be appropriately maintained and supervised. This is not a vague guideline. It is a binding legal requirement. A daycare that allows children near water without proper supervision is not just being careless. It is violating state licensing rules. That violation can serve as direct evidence of negligence in a personal injury or wrongful death lawsuit.

Child care staff are required to provide appropriate supervision to children at all times. Under Rule 407, daycares must also maintain proper staff-to-child ratios, which are especially critical near water. When a facility is understaffed or when workers are distracted by other duties, those ratios break down. The result can be a child submerged in water with no one watching.

Illinois also requires daycare staff to be trained in CPR and first aid. A worker who witnesses a near-drowning and does not know how to respond can make a survivable incident fatal. Failing to train staff on emergency response is a separate and actionable form of negligence under Illinois law. If the daycare where your child was injured failed to meet any of these standards, that failure matters in your case.

Who Is Liable When a Child Drowns at a Chicago Daycare

Liability in a daycare drowning case rarely falls on just one person. Multiple parties can share responsibility, and identifying all of them is essential to recovering full compensation for your child’s injuries.

The daycare operator carries primary responsibility. Under Illinois negligence law, a daycare owes a duty of care to every child in its custody. That duty includes maintaining a safe environment, providing adequate supervision, following all DCFS regulations, and responding appropriately to emergencies. When any of those duties are breached and a child is harmed, the operator can be held liable.

Individual staff members can also face personal liability. A worker who walked away from a child near a wading pool, became distracted by a phone, or failed to perform a head count may be directly responsible for what happened. The daycare’s owner or management may be liable for negligent hiring or retention if that worker was unqualified or had a history of safety failures. Under Illinois law, employers can be held vicariously liable for the negligent acts of their employees acting within the scope of their employment.

Property owners can also bear responsibility. If the building or outdoor space where the drowning occurred had a defective pool fence, a broken gate latch, or an improperly maintained water feature, the property owner may share liability. This is especially relevant for church-based daycares, corporate employer-sponsored programs, or facilities operating out of leased space in Chicago neighborhoods like Pilsen, Bridgeport, or Hyde Park. In some cases, a manufacturer of defective pool equipment or a water-related product may also face liability under Illinois product liability law.

What Damages Can a Family Recover After a Daycare Drowning

The financial and emotional toll of a drowning or near-drowning at a daycare is enormous. Illinois law allows families to pursue compensation for a wide range of damages, and understanding what is available helps you make informed decisions about your case.

For near-drowning survivors, recoverable damages include all past and future medical expenses, from emergency room treatment and hospitalization to rehabilitation, occupational therapy, speech therapy, and long-term neurological care. Children who suffer brain damage from oxygen deprivation may need lifetime support, and Illinois courts recognize the full scope of those future costs. Pain and suffering damages are also available, reflecting the physical and emotional harm your child has endured.

Emotional distress damages apply to both the injured child and, in some circumstances, parents who witnessed the incident or its immediate aftermath. If your child has developed PTSD, anxiety, or other psychological conditions following the near-drowning, those damages are compensable. Therapy and counseling costs can be included as well.

In cases where a child dies, Illinois law allows the family to pursue a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180). That claim can include compensation for grief, loss of companionship, and the financial support the child would have provided in the future. Where a daycare’s conduct was especially reckless or willful, punitive damages may also be available under Illinois law to punish the facility and deter similar conduct.

Every case is different. The value of your claim depends on the severity of your child’s injuries, the strength of the evidence, and the specific facts of what happened. The attorneys at Briskman Briskman & Greenberg handle these cases on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. Clients may still be responsible for certain case-related costs, which we are happy to explain during a free consultation.

What to Do After a Drowning or Near-Drowning at a Chicago Daycare

The steps you take in the hours and days after a daycare drowning can directly affect your ability to build a strong legal case. Acting quickly matters, and knowing what to do helps you protect your child’s rights.

First, get your child the best medical care available. If your child was transported from the daycare by ambulance to Lurie Children’s Hospital, Rush University Medical Center, or another Chicago facility, follow up with specialists even if the initial prognosis seems stable. Hypoxic brain injuries from near-drowning can present delayed symptoms. Document every medical visit, diagnosis, and treatment.

Second, preserve all evidence. Request the daycare’s incident report in writing. Ask about surveillance footage from the facility, especially from outdoor areas or pool spaces. Illinois law allows you to request inspection records and licensing history from DCFS. Photographs of the scene, the water source involved, and any safety equipment (or lack thereof) are critical. Evidence disappears quickly, and daycares and their insurance companies know that.

Third, report the incident to DCFS. You can call the DCFS hotline at 1-800-25-ABUSE. A DCFS investigation can uncover licensing violations, prior complaints, and staffing failures that support your civil claim. A DCFS finding of neglect or abuse against a daycare worker can be powerful evidence in a lawsuit.

Finally, contact Briskman Briskman & Greenberg before speaking to the daycare’s insurance company. Insurers work quickly to minimize payouts. They may contact you soon after the incident with a settlement offer that does not come close to covering your child’s actual losses. You have the right to legal representation before you say anything. Call us at (312) 222-0010 for a free, no-pressure consultation. Illinois has a statute of limitations on personal injury claims, so do not wait to get legal advice.

FAQs About Drowning and Near-Drowning at Chicago Daycares

Can I sue a Chicago daycare if my child nearly drowned but survived?

Yes. A near-drowning is a serious injury event, not a close call to be dismissed. If your child suffered any harm, including brain damage, seizures, psychological trauma, or the need for medical treatment, you may have a valid personal injury claim against the daycare. Illinois law does not require a fatality for a negligence claim to succeed. What matters is whether the daycare breached its duty of care and whether that breach caused your child’s injuries.

What Illinois laws apply to water safety at daycares?

The Illinois Child Care Act of 1969 (225 ILCS 10) sets the legal foundation for daycare safety in Illinois. DCFS Rule 407, Licensing Standards for Day Care Centers, contains specific requirements for swimming and wading pool supervision under Section 407.290. These rules require daycares to maintain and supervise all water areas appropriately. Violations of these rules can serve as evidence of negligence in a civil lawsuit.

How long do I have to file a lawsuit after a daycare drowning in Illinois?

Illinois has a two-year statute of limitations for personal injury claims under the Illinois Code of Civil Procedure (735 ILCS 5/13-202). However, claims involving minors have special rules. Under Illinois law, the statute of limitations for a minor’s personal injury claim generally does not begin to run until the child turns 18, giving families more time in some situations. That said, waiting can harm your case because evidence fades and witnesses become harder to locate. Contact an attorney as soon as possible.

What if the daycare claims the drowning was an accident and not their fault?

A daycare claiming something was an “accident” does not end your legal claim. Illinois negligence law asks whether the facility met its duty of care, not whether anyone intended harm. If the daycare failed to supervise your child near water, violated DCFS staffing ratios, lacked trained staff, or had unsafe water features on the premises, those failures can establish negligence regardless of intent. An investigation by an experienced attorney can uncover the facts the daycare would prefer to keep quiet.

Does Briskman Briskman & Greenberg handle wrongful death cases involving daycare drownings?

Yes. Briskman Briskman & Greenberg handles wrongful death claims on behalf of families who have lost a child due to a drowning at a Chicago daycare. Under the Illinois Wrongful Death Act (740 ILCS 180), surviving family members may be entitled to compensation for their grief, loss of companionship, and related damages. These cases are handled on a contingency fee basis, meaning no attorney’s fees are owed unless compensation is recovered. Clients may still be responsible for certain costs, which are explained at the outset of representation. Contact us at (312) 222-0010 to speak with our team.

This content is provided by Briskman Briskman & Greenberg, 351 W. Hubbard St., Suite 810, Chicago, IL 60654, (312) 222-0010. This page is informational in nature and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Past results do not guarantee similar outcomes in future cases.

More Resources About Physical Injuries Children Suffer at Chicago Daycares

• Head Injuries at Chicago Daycares
• Traumatic Brain Injuries at Chicago Daycares
• Concussions at Chicago Daycares
• Skull Fractures at Chicago Daycares
• Broken Bones and Fractures at Chicago Daycares
• Arm and Wrist Fractures at Chicago Daycares
• Leg and Ankle Fractures at Chicago Daycares
• Dislocated Joints at Chicago Daycares
• Nursemaid’s Elbow at Chicago Daycares
• Burns at Chicago Daycares
• Scald Burns at Chicago Daycares
• Chemical Burns at Chicago Daycares
• Friction and Rug Burns at Chicago Daycares
• Choking Injuries at Chicago Daycares
• Strangulation Injuries at Chicago Daycares
• Suffocation Injuries at Chicago Daycares
• Spinal Cord Injuries at Chicago Daycares
• Dental Injuries and Broken Teeth at Chicago Daycares
• Eye Injuries and Vision Loss at Chicago Daycares
• Ear Injuries and Hearing Loss at Chicago Daycares
• Cuts, Lacerations, and Puncture Wounds at Chicago Daycares
• Crush Injuries at Chicago Daycares
• Soft Tissue Injuries and Sprains at Chicago Daycares
• Internal Injuries and Organ Damage at Chicago Daycares
• Facial Injuries and Scarring at Chicago Daycares
• Amputation and Loss of Limb at Chicago Daycares
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• Animal Bites at Chicago Daycares