Concussions at Chicago Daycares

Every parent in Chicago trusts a daycare to keep their child safe. When a child comes home with a concussion, that trust is broken in one of the most frightening ways possible. A concussion is a traumatic brain injury, and when it happens to a toddler or preschooler in a Lincoln Park, Wicker Park, or South Side daycare, the stakes could not be higher. The team at Briskman Briskman & Greenberg, a Chicago personal injury lawyer firm, has helped families across Cook County hold negligent daycare providers accountable. This page explains what concussions at daycares look like, what Illinois law says about them, and what your family can do right now.

Table of Contents

• What Is a Concussion and Why Are Young Children So Vulnerable?
• Signs and Symptoms of a Concussion in Daycare-Age Children
• How Concussions Happen at Chicago Daycares and Who Is Responsible
• Illinois Law and Your Right to Pursue a Claim After a Daycare Concussion
• What to Do After Your Child Suffers a Concussion at a Chicago Daycare
• FAQs About Concussions at Chicago Daycares

What Is a Concussion and Why Are Young Children So Vulnerable?

A concussion is a type of traumatic brain injury caused by a bump, blow, or jolt to the head or body. Young children are especially at risk because their brains are still developing, their neck muscles are weaker, and their heads are proportionally larger than an adult’s. A fall from a changing table, a collision with playground equipment, or a drop onto a hard floor can all produce enough force to injure a child’s brain. Daycares in Chicago serve thousands of children from infants through school age, and the physical environment of these facilities, including climbing structures, slippery floors, and crowded play areas, creates real hazard if staff are not paying close attention.

Children and teens are among those at greatest risk for concussion. For infants and toddlers, the danger is compounded because they cannot tell you their head hurts. Concussions in infants and babies are especially difficult to diagnose because they cannot communicate like older children. A caregiver at a daycare may not even recognize that a concussion has occurred, especially if the child did not lose consciousness. That gap in recognition becomes a serious problem when a facility fails to call parents or seek medical care promptly. Delayed treatment can allow symptoms to worsen, and a second blow to the head before the first injury heals, a condition known as second impact syndrome, can be catastrophic.

The Illinois Child Care Act of 1969 (225 ILCS 10) requires licensed daycare centers to maintain safe environments and adequate supervision. When a child suffers a concussion because a facility failed to meet that standard, the daycare may be legally responsible for the harm. Understanding what a concussion looks like in a young child is the first step every parent needs to take.

Signs and Symptoms of a Concussion in Daycare-Age Children

Recognizing a concussion in a young child is harder than most parents expect. Signs and symptoms of concussion can show up right after an injury or may not appear or be noticed until hours or days after the injury. That delayed onset is one reason why daycare injuries are so dangerous. A child may seem fine when you pick them up, then become irritable, lethargic, or confused by bedtime.

Signs observed by parents or guardians include a child who appears dazed or stunned, is confused about events, answers questions slowly, repeats questions, cannot recall events prior to or after a hit or fall, loses consciousness even briefly, or shows behavior or personality changes. For very young children who cannot yet speak clearly, watch for crying that will not stop, refusing to eat or nurse, unusual sleepiness, or vomiting. A child who will not stop crying and cannot be consoled, or who will not nurse or eat, may be showing signs of a serious head injury.

A child should be seen in an emergency department right away if they show one or more danger signs, including one pupil larger than the other, drowsiness or inability to be awakened, a headache that gets worse and does not go away, weakness or numbness, repeated vomiting or nausea, slurred speech, convulsions or seizures, difficulty recognizing people or places, increasing confusion or agitation, unusual behavior, or any loss of consciousness.

If your child’s daycare did not call you immediately after a head injury, did not seek emergency care when these signs appeared, or downplayed what happened, that failure matters legally. Daycares licensed under Illinois DCFS Rules 407 are required to notify parents of injuries and to respond appropriately to medical emergencies. A facility that ignores or hides a child’s concussion symptoms may face serious liability.

How Concussions Happen at Chicago Daycares and Who Is Responsible

Concussions at daycares do not happen randomly. They happen because something went wrong, and that something is usually a failure of supervision, a dangerous physical environment, or both. Falls are the most common cause. A child tumbling from a changing table, sliding off a high chair, or falling from a climbing structure without a soft surface below can easily strike their head hard enough to cause a concussion. Collisions between children during unsupervised play are another common cause, particularly in crowded rooms where staff-to-child ratios are not being followed.

Illinois DCFS regulations set specific staff-to-child ratios for licensed daycare centers. For infants, the ratio is typically one caregiver for every four children. For toddlers, it is one for every five. When a facility understaffs its rooms to cut costs, children go unsupervised, and injuries follow. A daycare that violates these ratio requirements is not just breaking a rule. It is creating the exact conditions that lead to serious head injuries.

Beyond staffing, the physical condition of the facility matters. Unpadded floors near climbing equipment, broken playground structures, unsecured furniture that can tip over, and slippery surfaces without non-slip mats are all hazards that a well-maintained facility would address. Chicago daycares operating near neighborhoods like Pilsen, Logan Square, or Hyde Park are subject to the same DCFS inspection standards as any other licensed center. When an inspection report shows repeated citations for unsafe premises or staffing violations, and a child is later injured, that record becomes powerful evidence.

Liability for a daycare concussion can extend beyond the facility itself. The daycare owner, individual staff members, a property owner who failed to maintain safe conditions, and even a product manufacturer if defective equipment was involved may all share responsibility. Illinois recognizes negligence claims against multiple parties, and a thorough investigation is often needed to identify everyone who contributed to the injury.

Illinois Law and Your Right to Pursue a Claim After a Daycare Concussion

Illinois law gives injured children and their families real legal options when a daycare’s negligence causes a concussion. A negligence claim requires showing that the daycare owed your child a duty of care, that it breached that duty, and that the breach caused your child’s injury and damages. Licensed daycares in Illinois owe a high duty of care to the children in their custody. When a facility fails to supervise children properly, maintain safe conditions, or respond to a head injury appropriately, it has breached that duty.

The Illinois Child Care Act of 1969 (225 ILCS 10) is one of the key legal frameworks governing daycare operations in this state. Violations of the standards set under this Act, including those enforced through DCFS licensing rules, can support a finding of negligence per se, meaning the violation of the law itself is evidence of negligence. If a daycare was cited by DCFS for ratio violations or unsafe conditions before your child was hurt, that citation history is directly relevant to your claim.

On the question of timing, the general personal injury statute of limitations in Illinois under 735 ILCS 5/13-202 is two years from the date of injury. However, for injured minors, 735 ILCS 5/13-211 provides important protection: the statute of limitations does not begin running until the child turns 18. That means a child injured at a daycare has until age 20 to file a personal injury claim. Even so, waiting is never a good idea. Evidence disappears. Witnesses move on. Surveillance footage gets deleted. The sooner a family contacts an attorney, the better the chances of preserving the evidence needed to build a strong case.

Damages recoverable in a daycare concussion case include medical expenses, future medical care costs if the injury has lasting effects, pain and suffering, and emotional distress. In cases involving particularly reckless or intentional conduct, Illinois courts may also award punitive damages under the standards set by Illinois law.

What to Do After Your Child Suffers a Concussion at a Chicago Daycare

The first priority is your child’s health. A child with a possible concussion needs to be seen by a health care provider. Take your child to a pediatrician, urgent care center, or emergency room right away. Do not wait to see if symptoms improve on their own. Some concussion signs and symptoms may not appear or be noticed for hours or days. A medical evaluation creates the documentation your family will need, both for your child’s treatment and for any legal claim.

After getting medical care, document everything you can. Take photographs of any visible injuries. Write down exactly what the daycare staff told you about how the injury happened. Get a copy of any incident report the facility filed. If there are witnesses, including other parents or staff, note their names. Ask the facility whether there is surveillance footage and request that it be preserved immediately. Daycares are not always forthcoming with this information, and footage can be overwritten quickly.

Report the injury to the Illinois DCFS if you believe the daycare failed to provide adequate supervision or care. You can reach the DCFS Child Abuse Hotline at 1-800-252-2873. A DCFS investigation can generate records that become valuable in a civil lawsuit. If the daycare is in Chicago, the Chicago Department of Public Health also has oversight responsibilities for certain facilities.

Your child’s brain is still healing and more vulnerable to the effects of another injury. Keep your child home from the daycare while they recover, and follow your doctor’s instructions carefully. Once your child is safe and receiving care, contact Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. Our firm serves families throughout Chicago and Cook County, from the North Shore to the South Side, and we can review your situation at no cost to you. Results in any particular case depend on the specific facts and circumstances involved, and no outcome can be guaranteed.

FAQs About Concussions at Chicago Daycares

Can I sue a Chicago daycare if my child got a concussion there?

Yes, you may have a valid legal claim if the daycare’s negligence caused your child’s concussion. This includes situations where staff failed to supervise children properly, the facility had unsafe conditions, or the daycare violated Illinois DCFS licensing standards under the Illinois Child Care Act of 1969 (225 ILCS 10). To pursue a claim, you generally need to show that the daycare breached its duty of care and that the breach caused your child’s injury. Speaking with a personal injury attorney who handles daycare injury cases is the best way to understand your options based on the specific facts of your situation.

What if the daycare says my child’s concussion was just an accident?

Daycares often characterize injuries as unavoidable accidents, but that does not mean they are free from legal responsibility. A daycare has a duty to maintain safe conditions and adequate supervision at all times. If the injury happened because a staff member was not watching the children, because the facility had a hazardous floor or broken equipment, or because the ratio of caregivers to children was too low, those are failures of duty, not random accidents. The facts matter, and an attorney can help investigate what actually happened.

How long do I have to file a lawsuit after my child’s daycare concussion in Illinois?

For most personal injury claims in Illinois, the statute of limitations is two years from the date of injury under 735 ILCS 5/13-202. However, for injured minors, 735 ILCS 5/13-211 provides that the limitations period does not begin until the child turns 18. That gives an injured child until age 20 to file a claim. Despite this extended window, it is important to act quickly. Evidence like surveillance footage, incident reports, and witness recollections can be lost over time. Contacting an attorney as soon as possible helps protect your child’s rights.

What are the signs that a daycare is hiding information about my child’s concussion?

Red flags include a daycare that was slow to call you after the injury, that gave you a vague or changing story about how it happened, that discouraged you from seeking medical care, or that refused to provide a written incident report. If the facility claims there is no surveillance footage when you know cameras are present, or if staff members seem coached in what to say, those are serious warning signs. Gathering evidence quickly, including requesting footage preservation in writing, is critical when you suspect a facility is not being transparent.

What damages can my family recover in a daycare concussion case?

Recoverable damages in an Illinois daycare concussion case typically include current and future medical expenses, costs for ongoing therapy or specialist care, compensation for your child’s pain and suffering, and damages for emotional distress. If the concussion causes lasting cognitive or developmental effects, future earning capacity may also be a factor. In cases involving particularly reckless conduct by a daycare, Illinois courts may award punitive damages as well. Every case is different, and the value of a claim depends on the specific facts, the severity of the injury, and the evidence available. Briskman Briskman & Greenberg can be reached at (312) 222-0010 to discuss your family’s situation.

This content is provided by Briskman Briskman & Greenberg, 351 W. Hubbard Street, Suite 810, Chicago, IL 60654. This page is for general informational purposes only and does not constitute legal advice. Reading this page 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
• 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
• 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