Our Lawyers
Chemical Burns at Chicago Daycares
Every parent who drops their child off at a Chicago daycare trusts that the facility is safe. That trust is well-placed most of the time, but chemical burns are a real and serious risk at daycare centers across the city, from Logan Square to Hyde Park to Wicker Park. When a child suffers a chemical burn at daycare, the injury is almost always the result of negligence, and Illinois law gives families the right to hold responsible parties accountable. If your child was burned by a cleaning product, disinfectant, or other chemical substance at a Chicago daycare, you need to understand what happened, why it happened, and what you can do about it.
Table of Contents
- How Chemical Burns Happen at Chicago Daycare Centers
- Illinois Laws That Protect Children From Chemical Burn Injuries at Daycare
- The Severity of Chemical Burns in Young Children
- Who Can Be Held Responsible for a Chemical Burn at a Chicago Daycare
- What to Do After Your Child Suffers a Chemical Burn at a Chicago Daycare
- How Briskman Briskman & Greenberg Handles Chicago Daycare Chemical Burn Cases
- FAQs About Chemical Burns at Chicago Daycares
How Chemical Burns Happen at Chicago Daycare Centers
Chemical burns occur when a child’s skin, eyes, or mouth comes into contact with a corrosive or caustic substance. At daycare facilities, the most common culprits are cleaning products and disinfectants. Bleach-based cleaners, drain openers, toilet bowl cleaners, and industrial-strength sanitizers can cause severe tissue damage within seconds of contact. A toddler in a Pilsen daycare or a Lincoln Park child care center does not understand the danger of a brightly colored bottle left within reach. Children are naturally curious, and a moment of inadequate supervision is all it takes for a tragedy to occur.
Under Illinois Department of Children and Family Services (DCFS) licensing standards for day care centers, hazardous items must be inaccessible to children. That rule exists for a reason. Yet staff members sometimes leave cleaning supplies on low shelves, in unlocked cabinets, or in rooms where children play. Chemical burns can also happen when a surface is cleaned with a harsh product and not properly rinsed before children touch it, or when a worker applies a chemical while children are still present in the room. Burns to the hands are common, but chemical exposure to the eyes can cause vision loss, and ingestion of a chemical product can damage the mouth, throat, and digestive tract.
Illinois licensing standards for day care homes require that cleaning materials, poisons, and other hazardous materials be stored in places inaccessible to children. The same obligation applies to licensed day care centers under DCFS Rules 407. When a facility fails to meet this basic requirement, and a child is hurt as a result, the daycare operator can face a civil lawsuit for negligence. Understanding how these incidents happen is the first step toward knowing whether your family has a valid claim.
Illinois Laws That Protect Children From Chemical Burn Injuries at Daycare
Several Illinois laws work together to protect children in daycare settings from chemical burn injuries. The foundation is the Illinois Child Care Act of 1969 (225 ILCS 10/), which gives DCFS the authority to license and regulate child care facilities throughout the state. The Child Care Act of 1969 (225 ILCS 10/) regulates who is required to be licensed and who may qualify to be license-exempt. Facilities that operate under a DCFS license are bound by detailed safety rules, including the requirement to keep chemicals and hazardous materials locked away from children at all times.
The Illinois Premises Liability Act (740 ILCS 130/) also plays a direct role in chemical burn cases. Under the Illinois Premises Liability Act, the distinction between invitees and licensees as to the duty owed by an owner or occupier of any premises is abolished, and the duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them. A daycare is an occupied premises, and children enrolled there are entitled to that reasonable standard of care. When a facility stores bleach where a two-year-old can reach it, that is a failure of reasonable care.
Illinois negligence law also requires parents to prove four elements in a personal injury claim: duty, breach of that duty, causation, and damages. A daycare owes a duty of care to every child in its custody. Storing chemicals improperly or failing to supervise children around hazardous materials is a clear breach of that duty. When a child suffers a chemical burn as a direct result, the damages, including medical treatment, pain and suffering, and long-term scarring, are real and compensable. DCFS Rules 407, which govern licensed day care centers in Illinois, set the specific safety standards that define what “reasonable care” looks like in this context.
The Severity of Chemical Burns in Young Children
Chemical burns are not like minor scrapes or bruises. They can be among the most painful and disfiguring injuries a young child can suffer. A child’s skin is thinner and more sensitive than an adult’s, which means chemicals penetrate faster and cause deeper tissue damage. A burn that might cause mild irritation in an adult can cause a full-thickness wound in a toddler. Burns to the face and hands are especially serious because they can leave permanent scars and affect a child’s development and self-image for years to come.
Eye injuries from chemical exposure deserve particular attention. If a cleaning product splashes into a child’s eyes and is not flushed immediately with clean water, the damage can be permanent. Vision loss is a life-altering consequence that affects a child’s ability to learn, read, and participate in daily activities. Similarly, if a child swallows a chemical, the internal burns to the mouth, esophagus, and stomach can require surgical intervention and long-term medical management.
Treatment for chemical burns often involves emergency room care, wound cleaning, bandaging, and in serious cases, skin grafting. Children who suffer facial burns or significant scarring may need multiple reconstructive surgeries over many years. The psychological impact is also real. A child who has been through a traumatic burn injury may experience anxiety, nightmares, and fear of daycare settings long after the physical wounds have healed. Families dealing with these injuries face significant medical expenses, and those costs can continue for years. Illinois law allows families to seek compensation for both current and future medical costs, as well as pain and suffering and emotional distress.
Who Can Be Held Responsible for a Chemical Burn at a Chicago Daycare
Liability for a chemical burn at a Chicago daycare does not always rest with one party alone. The daycare center operator is typically the primary defendant. If the facility failed to store chemicals safely, failed to train staff on proper chemical handling, or failed to supervise children around hazardous materials, the operator can be held liable. Each licensed day care center must comply with child-staff ratios at all times and provide an environment where children are safe and comfortable. A failure to do so supports a negligence claim.
Individual daycare workers can also face personal liability if their specific actions, or inactions, directly caused the burn. For example, if a staff member left a bottle of bleach on a changing table and a child reached it, that worker’s conduct is part of the case. The daycare owner or operator can be held vicariously liable for the actions of employees under Illinois law. If a property owner leases space to a daycare and knew about unsafe chemical storage conditions on the premises, the landlord may also share responsibility under the Illinois Premises Liability Act (740 ILCS 130/).
In some cases, the manufacturer of a cleaning product may bear responsibility if the product lacked adequate safety warnings or was defectively designed. Illinois product liability law allows injured parties to pursue claims against manufacturers when a product’s design or labeling contributed to the injury. Multiple parties can share liability in a single case, and Illinois follows a modified comparative fault system under 735 ILCS 5/2-1116, which means each defendant’s share of responsibility is evaluated individually. An experienced Chicago personal injury lawyer can identify all potentially liable parties and build a comprehensive case on your family’s behalf.
What to Do After Your Child Suffers a Chemical Burn at a Chicago Daycare
The moments after discovering your child has been burned by a chemical at daycare are frightening. Your first priority is your child’s medical care. Get to the nearest emergency room immediately, whether that is Northwestern Memorial Hospital near Streeterville, Lurie Children’s Hospital in Streeterville, or Comer Children’s Hospital in Hyde Park. Tell the medical team exactly what substance your child was exposed to, if you know it. This information helps doctors choose the right treatment and creates an accurate medical record that will be critical to your legal case.
After your child receives care, document everything you can. Photograph any visible burns or redness. Write down the names of every daycare staff member you speak with and the exact words they use. Ask the daycare for a written incident report and keep a copy. Do not sign any documents the daycare or its insurance company presents to you without first speaking to an attorney. Insurance adjusters may contact you quickly after an incident, but their goal is to minimize the payout, not to make your family whole.
Report the incident to DCFS. If you believe a daycare has violated state licensing standards, you may make a complaint to the local DCFS Licensing Office or by calling the Child Abuse Hotline at 1-800-252-2873, and a DCFS licensing representative will investigate your complaint and report the results back to you. A DCFS investigation can produce records, inspection findings, and violation notices that strengthen your civil claim. Illinois also has a statute of limitations for personal injury claims, and for minors, the clock generally does not begin to run until the child turns 18, but acting promptly preserves evidence and witness memories. Contact Briskman Briskman & Greenberg at (312) 222-0010 as soon as possible to discuss your family’s options.
How Briskman Briskman & Greenberg Handles Chicago Daycare Chemical Burn Cases
At Briskman Briskman & Greenberg, we represent families throughout the Chicago area whose children have been hurt through the negligence of daycare operators, staff, and property owners. Our firm handles personal injury cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you. You should be aware that even on a contingency basis, clients may be responsible for certain case costs and expenses, so we discuss all financial terms clearly at the start of our relationship.
When we take on a chemical burn case, we investigate thoroughly. We review DCFS inspection records, licensing history, and any prior violations at the facility. We gather incident reports, witness statements, and surveillance footage when available. We work with medical experts who can document the full extent of your child’s injuries and explain what future treatment will look like. We also consult with child development professionals who can speak to the long-term impact of the injury on your child’s growth and well-being.
Our goal is to recover full and fair compensation for your family. That includes current and future medical expenses, costs of therapy and counseling, pain and suffering, emotional distress, and, in cases involving severe disfigurement, compensation for the impact on your child’s quality of life. Illinois courts take the safety of children seriously, and so do we. If a Chicago daycare’s negligence burned your child, you deserve answers and accountability. Call Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. Viewing or reading this content does not create an attorney-client relationship.
FAQs About Chemical Burns at Chicago Daycares
What types of chemicals most commonly cause burns at Chicago daycares?
The most common sources of chemical burns at daycare facilities are cleaning and disinfecting products. These include bleach-based cleaners, ammonia solutions, drain openers, toilet bowl cleaners, and concentrated sanitizers. Some facilities also use industrial-strength products that are far more caustic than household versions. Any of these can cause serious burns to a child’s skin, eyes, or mouth if stored improperly or used while children are present in the area.
Can I sue a Chicago daycare if my child was burned by a cleaning product?
Yes, you may have a valid personal injury claim against the daycare operator, individual staff members, the property owner, or other parties depending on the facts of the case. Illinois law requires daycare facilities to keep hazardous materials inaccessible to children under DCFS licensing rules. If the facility failed to meet that standard and your child was injured as a result, that failure can form the basis of a negligence claim. Each case is different, so speaking with an attorney about the specific facts is the right first step.
How long do I have to file a lawsuit after my child suffers a chemical burn at a Chicago daycare?
In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the injury for adults. However, for minor children, Illinois law typically tolls, or pauses, the statute of limitations until the child reaches the age of 18. This means a child injured at daycare generally has until their 20th birthday to file a lawsuit in their own name. That said, waiting is never a good idea. Evidence disappears, witnesses forget details, and surveillance footage gets overwritten. Contacting an attorney promptly after the injury is always the best course of action.
What compensation can my family recover in a Chicago daycare chemical burn case?
Illinois law allows families to seek several categories of damages in a daycare injury case. These include past and future medical expenses, costs of reconstructive surgery or skin grafting, therapy and counseling costs, pain and suffering, emotional distress, and compensation for permanent scarring or disfigurement. In cases involving particularly reckless conduct by a daycare operator, Illinois courts may also award punitive damages under certain circumstances. The value of any specific case depends on the severity of the injury, the extent of the negligence, and other facts unique to your situation. No attorney can guarantee a specific outcome.
Should I report the chemical burn to DCFS even if I plan to file a lawsuit?
Yes, reporting to DCFS and filing a civil lawsuit are two separate actions that can both benefit your family. A DCFS complaint triggers an official investigation into the daycare’s compliance with state licensing standards. If investigators find violations, those findings become part of the public record and can be powerful evidence in your civil case. DCFS also has the authority to issue citations, require corrective action, or suspend a daycare’s license, which can protect other children from the same danger. You can file a licensing complaint by calling the DCFS Child Abuse Hotline at 1-800-252-2873. Filing a complaint does not affect your right to pursue a civil lawsuit.
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
- Friction and Rug Burns at Chicago Daycares
- Choking Injuries at Chicago Daycares
- Strangulation Injuries at Chicago Daycares
- Suffocation Injuries at Chicago Daycares
- Drowning and Near-Drowning 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
- Electrical Shock Injuries at Chicago Daycares
- Animal Bites at Chicago Daycares
SEEN ON: