A lawsuit says a toddler suffered a traumatic brain injury after a daycare worker allegedly tossed him into the air and failed to catch him. The case highlights daycare safety, negligent supervision, and what parents should document after a serious childcare injury.
A disturbing daycare injury case is drawing national attention after video appeared to show a childcare worker tossing a toddler into the air and failing to catch him.
According to WFLA, the video shows the moment a daycare worker threw a child into the air and dropped him. The case involves a lawsuit filed by the parents of a 23-month-old boy who was allegedly injured while in the care of a daycare facility.
People reported that the child, identified in court documents by the initials C.K., allegedly suffered a traumatic brain injury after a daycare employee swung him by the arms, tossed him into the air, and failed to catch him. The lawsuit alleges the child hit the floor and the employee landed on top of him.
NBC reported that the lawsuit claims the child was tossed about six feet above the ground. CBS reported that the family alleges the child was later diagnosed with a traumatic brain injury and hearing loss.
The lawsuit is still pending, and the allegations have not been decided by a court. But the case raises serious questions for parents about daycare supervision, injury reporting, video evidence, and what happens when a child is hurt while in someone else’s care.
Daycare Injuries Can Raise Negligent Supervision Questions
When a young child is injured at daycare, one of the first questions is whether the facility provided reasonable supervision and safe care.
Toddlers rely completely on adults to protect them. They cannot understand danger, explain injuries clearly, or preserve evidence. That makes the daycare’s responsibilities especially important.
A daycare injury case may involve questions such as:
- Was the employee properly trained?
- Was the child being handled safely?
- Was another staff member present?
- Did the facility follow its own safety policies?
- Did staff respond quickly after the injury?
- Was the injury reported accurately?
- Was surveillance video preserved?
- Were parents told the truth about what happened?
- Did the facility have prior complaints or licensing issues?
Not every daycare injury means a facility was negligent. Children fall, trip, and get hurt during normal play. But when an injury involves rough handling, unsafe conduct, delayed medical care, changing explanations, or missing video, parents should take it seriously.
For Florida families, serious daycare injury cases may involve broader personal injury or premises liability issues, depending on the facts.
Head Injuries in Young Children Need Immediate Medical Attention
The reported injury in this case involved a toddler allegedly hitting his head on the floor. Head injuries in young children can be difficult to evaluate because children may not be able to describe their symptoms.
Parents may notice:
- Crying that does not seem normal
- Vomiting
- Unusual sleepiness
- Trouble waking
- Poor balance
- Loss of appetite
- Irritability
- Confusion
- Sensitivity to light or sound
- Changes in hearing, speech, or behavior
A suspected head injury should be checked by medical professionals quickly. Early medical documentation can also matter later if there are questions about how the injury happened, what the facility knew, and whether the child’s symptoms changed over time.
Our page on traumatic brain injuries and head injuries explains how serious head trauma can affect victims and families, even though daycare injury cases involve different facts than motor vehicle crashes.
Parents Deserve Accurate Information After a Daycare Injury
One of the most concerning allegations in the lawsuit is that the facility did not accurately describe what happened.
According to ABC News, the complaint alleges the facility told the parents the child fell from about 1.5 feet while an employee was squatting. The lawsuit alleges the video showed a much more serious fall.
That matters. Parents rely on daycare workers and childcare facilities to explain what happened so they can make informed medical decisions. If a parent is told an injury was minor, they may delay emergency care or fail to give doctors important details about the force of impact.
After a daycare injury, parents should ask for:
- A written incident report
- The names of staff members present
- The exact time and location of the injury
- A clear description of what happened before and after the injury
- Whether surveillance video exists
- Whether emergency care was offered or recommended
- Whether the facility notified licensing authorities
- Whether the employee involved remains on duty
Parents should also write down what they were told and when. If the explanation changes, that may become important later.
Florida Parents Can Check Childcare Licensing and Complaints
Although this reported case happened in California, Florida parents can take similar steps when choosing a childcare provider or responding to a serious injury.
The Florida Department of Children and Families Child Care Provider Search allows parents to search childcare providers and review available provider information. Florida DCF also provides child care resources, including information about provider searches, complaints, and safety concerns.
DCF states that its child care licensure program is intended to help ensure healthy and safe childcare settings through licensing requirements and inspections. Parents can also review Florida’s child care licensure information.
If a parent suspects child abuse, neglect, or exploitation, Florida DCF instructs families to report suspected abuse through the Florida Abuse Hotline or by calling 1-800-962-2873.
What Parents Should Document After a Daycare Injury
Evidence can disappear quickly after a serious daycare injury. Video may be overwritten. Staff members may leave. Incident reports may be vague or incomplete. The facility may control most of the records unless parents act quickly.
Parents should try to preserve:
- Photos of the child’s injuries
- Medical records and discharge instructions
- Written incident reports
- Text messages, emails, and app messages from the daycare
- Names of staff members and witnesses
- Requests for surveillance video
- Parent handbook or facility policies
- Enrollment forms and waivers
- Prior complaints or inspection records
- A timeline of when parents were notified
- Notes about what staff said
- Receipts, billing records, and enrollment documents
Parents should also be cautious about signing broad releases or settlement documents before they understand the child’s diagnosis, treatment needs, and long-term outlook.
Our guide on how to file a personal injury lawsuit in Florida explains how evidence, deadlines, and liability questions may affect injury claims.
A Daycare Injury Case May Involve More Than One Responsible Party
A serious daycare injury may involve more than one person or company.
The employee’s conduct matters, but the investigation may also look at whether the daycare or facility hired the right person, trained staff properly, enforced safety policies, maintained adequate supervision, preserved video, responded appropriately, and gave parents accurate information.
Potential issues may include:
- Negligent supervision
- Negligent hiring
- Negligent retention
- Poor staff training
- Unsafe facility policies
- Failure to follow childcare rules
- Failure to report an injury accurately
- Failure to preserve video evidence
- Misrepresentation of how the injury happened
In some cases, parents may also need to evaluate broader property safety and supervision issues. Our premises liability page explains how businesses and property owners may be responsible when preventable injuries happen on their property.
The Main Takeaway From This Daycare Injury Lawsuit
This lawsuit has not been decided by a court. But the reported video and allegations raise a serious concern for any parent who trusts a daycare, gym childcare center, preschool, or supervised play facility with their child.
Young children cannot protect themselves. Parents depend on childcare providers to supervise carefully, handle children safely, respond quickly to injuries, and tell the truth when something goes wrong.
When a child suffers a serious injury in daycare, medical care comes first. After that, parents should preserve evidence, request written records, ask for video, document every conversation, and review whether the facility’s actions matched its responsibilities.
Armando Personal Injury Law represents Florida families in serious injury cases involving negligence, unsafe premises, traumatic injuries, and wrongful death. To learn more, visit our Florida personal injury lawyer page or our premises liability page.
About the Author
Attorney Armando Edmiston is the founder of Armando Personal Injury Law in Tampa and St. Pete, Florida. A U.S. Marine veteran, Hillsborough County native, and ACS Forensic Lawyer-Scientist, he represents Floridians in serious personal injury and wrongful death cases.