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Foodborne Illnesses at Daycare: What to Do If Your Child Becomes Sick

Posted in Food Safety on October 2, 2023

Foodborne illnesses are a concerning issue that can affect individuals of any age, but when it strikes children at daycare, it raises a unique set of concerns for parents. Here are the steps to take if your child falls ill and the possibility of legal recourse in such situations.

Steps to Take if Your Child Becomes Sick

Here is what to do if your child becomes sick with a foodborne illness at daycare:

Seek Medical Attention

Take your child to a doctor as soon as possible. A healthcare professional will be able to assess the severity of the illness, give you a diagnosis, and provide appropriate treatment.

Notify the Daycare

Contact the daycare center to inform them of the situation and inquire about any specific protocols they have in place for such incidents.

Be Cautious with Communications

Be careful with what you say to the daycare, their insurance company, or any other parties involved without first consulting with a lawyer. They can guide you on what to say and when.

Document Symptoms

Keep a record of any symptoms your child is experiencing, as well as the foods they consumed at daycare. This information may be helpful for medical professionals in diagnosing and treating the illness, especially if there is an outbreak or if you decide to sue.

Preserve Evidence

If possible, retain any leftover food or packaging from the daycare. This can serve as evidence if further investigation is necessary.

Report the Illness to the Local Health Department

Report the incident to your local health department, as they may need to conduct an investigation to prevent further cases and ensure the daycare facility is following proper food safety practices.

Keep Records of Expenses

Document all expenses related to your child’s illness, including medical bills, prescription medications, and any other associated expenses. This will be important in calculating potential damages if you file a claim.Consult a Food Safety Lawyer

Seek legal advice from an experienced foodborne illness lawyer. They can assess the details of your situation, provide guidance, and help you gather the critical evidence you need to hold the daycare accountable.

Can You Sue if Your Child Gets Food Poisoning at Daycare?

When a child falls ill due to a foodborne illness at daycare, you have the grounds to pursue legal action. Daycares must implement strict protocols for receiving, storing, and preparing food. This includes regular inspections of food suppliers and proper temperature control for perishable items. Potential parties that can be held liable include the following:

Daycare Staff

The staff may be liable for careless food handling or failure to follow established food safety guidelines.

The Daycare Facility

The facility could be liable for the actions of its staff, lack of training, poor food handling protocols, or inadequate sanitation.

Third-Party Distributors

If the source of the illness is traced back to a third-party distribution company that delivers the daycare’s food, the company can be liable.

Each case is unique, and the specific circumstances will determine who may be responsible. Contact our skilled food safety lawyer who will assess the situation and determine who to pursue a case against.