Daycare and School Cases
Playground and school injury claims, when a child is hurt at recess or at daycare: supervision, equipment and the immunity rules that apply.
Reviewed by Larry Forman, Attorney.
Scrapes and bumps are part of childhood. Serious injuries usually aren’t. When a child is badly hurt because of poor supervision, broken equipment or a hard surface under a climbing structure, the school, daycare or property owner may be responsible. Forman & Associates helps Kentucky parents understand their options after a playground and school injury, including the special rules that apply to public schools.
Key takeaways
Child-care centers in Kentucky must be licensed by the Cabinet for Health and Family Services (KRS 199.896), and licensing rules set supervision standards. Private daycares and private schools are generally subject to ordinary negligence rules: did they use reasonable care to supervise the children and keep the premises safe? See our daycare and school negligence page.
Claims involving public schools are different. In Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001), the Kentucky Supreme Court held that local school boards are generally immune from suit for governmental functions. Individual teachers and staff may still be liable for negligently carrying out ministerial duties, meaning required tasks rather than judgment calls. Some claims against public entities must go through the Kentucky Board of Claims, which has its own filing deadline (KRS 49.120). Parks and public playgrounds can involve other government entities and rules.
A child’s own injury claim is usually paused until the child turns 18 (KRS 413.170), but a parent’s claim for the child’s medical bills generally isn’t, and claims before the Board of Claims are not paused for minors. Talk with a lawyer early. Settlements for minors usually need court approval; see Kentucky minor settlements.
It depends. School boards generally have immunity, but individual employees may be liable in some situations, and other options may exist. We review the facts and the rules that apply.
Yes. Private daycares are generally subject to ordinary negligence rules. See our daycare and school negligence page.
It helps. Ask for it in writing. We can request it too.
A child’s own claim is usually paused until age 18, but a parent’s claim for medical bills and claims involving public agencies have shorter deadlines. Don’t wait.
We’ll explain your options, including the immunity rules, in a free consultation.
Get a free case evaluation or call 502-931-6788.
This page is general information about Kentucky law as of October 2026, not legal advice. Every case is different.
