El Segundo Daycare Lawsuit Highlights Why Video Evidence Can Make All the Difference
A Los Angeles family filed a child injury claim against a daycare at the Bay Club in El Segundo after surveillance video allegedly showed a worker swinging their 23-month-old son between her legs, tossing him into the air, and falling on top of him when she failed to catch him. The lawsuit says the child suffered a traumatic brain injury and hearing loss. What makes the case especially unsettling is what came next: the family says the facility's own incident report described a completely different version of events, one claiming the employee simply lost her footing while holding the child. It was the surveillance footage, not the official account, that told the real story.
Cases like this are painful to read, but they carry lessons every California parent should understand, both to help protect their own children and to know what options exist if the unimaginable happens.
What Daycares Owe the Children in Their Care
California law holds daycare facilities to a heightened duty of care, well beyond the standard "reasonable person" test used in most negligence cases. That elevated duty exists because toddlers cannot speak up for themselves or describe what happened to them, and depend entirely on the adults supervising them.
In practice, this duty requires facilities to:
- Hire and properly vet trained staff
- Maintain safe staff-to-child ratios
- Actively supervise young children, rather than watching passively
- Keep their physical space free of foreseeable hazards
Licensing is part of that picture, but it's more complicated than many parents realize. Most California childcare facilities must hold a state license, and a facility's licensing and inspection history is public record worth checking before enrolling a child. Daycare programs run inside gyms and fitness clubs, however, are often exempt from licensing as long as parents stay on-site while their children are cared for. In the case from El Segundo, the family's attorneys argue the facility should have been licensed anyway, since the father's membership allowed him to work out elsewhere in the club rather than stay with his son, an exemption they say shouldn't have applied.
Video Evidence Can Change Everything
Perhaps the most important lesson from this case is what the surveillance footage was able to do. Young children can't testify about what happened to them, and disputes like this one have long come down to a facility's word against a family's suspicion that something wasn't right. Video changes that dynamic, but footage doesn't wait around; many facilities record over it automatically, sometimes within days. If you believe your child was injured at a daycare, sending a written request to preserve any video right away can matter a great deal, since it puts the facility on notice and can affect its legal obligation to keep the footage intact. An attorney can also send a formal preservation letter or seek a court order if needed, which is usually more effective than an informal request.
When an Institution's Account Doesn't Add Up
Beyond negligence, the family's lawsuit reportedly includes claims for battery, fraud, and emotional distress, stemming not just from the incident but from how the facility allegedly responded afterward. Under California law, an institution found to have given a knowingly false account of an injury can face liability separate from the underlying negligence claim. Whether that's what happened here is for a court to decide, but it's a good reminder that families shouldn't feel obligated to accept an institution's first explanation, especially when the details don't add up.
What to Do If You Suspect Daycare Negligence
If you suspect your child was mistreated or injured at a daycare, here's what to do:
- Get your child medically evaluated right away, even if the injury looks minor.
- Request a written incident report and keep a copy for your records.
- Ask, in writing, that any surveillance video be preserved.
- Document everything, including photos, staff communications, and a timeline of what you were told and when.
- Talk to an attorney before accepting any explanation at face value.
Frequently Asked Questions About Daycare Negligence Claims
Can I sue a daycare if my child was hurt in its care?
Yes, if you can show the facility failed to meet its duty of care, such as through inadequate supervision, understaffing, unsafe hiring, hazardous conditions, or licensing failures, and that failure caused your child's injury.
What if the daycare says it was just an accident?
Not every daycare injury is caused by negligence, but "it was an accident" isn't an automatic defense. The real question is whether the facility took reasonable steps to prevent foreseeable harm.
How long do I have to file a claim in California?
California generally extends filing deadlines for claims involving a minor, but exceptions apply depending on the facility involved. It's best not to wait, since evidence doesn't wait either.
If Your Child Was Injured at a Daycare, We Can Help
No parent should have to wonder whether the daycare they trusted is telling them the truth. If your child was injured while in the care of a daycare, preschool, or another type of childcare provider, what you do in the days that follow matters, especially when it comes to preserving video evidence before it disappears.
At McGee Lerer Ogrin, we can investigate daycare and childcare negligence cases thoroughly and move quickly to secure surveillance footage, incident reports, and staffing records before they can be lost or altered. We handle these cases on a contingency fee basis, so you pay nothing unless we win.
Call McGee Lerer Ogrin at (310) 775-2491 any time, day or night, for a free consultation with our daycare negligence attorneys serving El Segundo and many other areas of Southern California.