What if My Child Suffers an Allergic Reaction at Daycare?

 Posted on March 28, 2025 in Food Allergies

When you send your child to a daycare, you trust and expect them to provide a safe environment, especially when it comes to food allergies. For some children with severe food allergies, the risk of accidental exposure can be life-threatening. But what happens when a daycare fails to protect your child from allergens, and your child suffers an allergic reaction as a result? A knowledgeable Illinois personal injury lawyer can help you understand your legal rights.

What Does Illinois Law Say About Food Allergies in Daycares?

Illinois law places a strong emphasis on safeguarding children from food allergens in educational and childcare settings. Daycares are legally required to create action plans to prevent food exposure, especially if they have been informed of a child's allergies. If your child suffers a food-related allergic reaction due to daycare negligence, you are legally entitled to hold the facility accountable for the harm caused.

What Can You Do If Your Child Experiences an Allergic Reaction at Daycare?

If your child has an allergic reaction while at daycare, your first priority is to seek immediate medical attention. Once the medical situation is under control, you can switch gears to handle the legal aspects.

It is important to document everything. Keeping a record of how the allergic reaction happened and your communication with the daycare facility about your child’s allergy can be valuable evidence if you decide to pursue legal action. You also need to report the incident so the daycare administration is all aware of what happened. Whatever happens, you should consult with an attorney who specializes in food allergy-related incidents. An experienced lawyer can help you assess whether the daycare’s actions, or lack thereof, contributed to the allergic reaction and if so, how you might want to proceed.

What Can You Recover in a Lawsuit?

If your child suffered harm due to food allergen exposure at daycare, you might be able to recover compensation in a personal injury lawsuit. Of course, no amount of money can make up for what happened, but at least you can be compensated for medical expenses, pain and suffering, and any long-term consequences your child may face due to the allergic reaction.

In some cases, punitive damages might be awarded if the daycare’s actions were particularly egregious. Imposing these consequences on the facility that was negligent in its care will not only help you with your costs but can help ensure that they incorporate policies so they never make the same mistake again.

Schedule a Free Consultation with an Illinois Food Allergy Exposure Lawyer

If your child has suffered an allergic reaction due to daycare negligence, it is important to act quickly to protect their rights and hold the responsible parties accountable. At Newland & Newland, LLP, our Illinois personal injury attorneys specialize in food allergen cases and can help guide you through the legal process. Call 312-981-0409 today to schedule a free consultation and learn how we can assist you in seeking justice for your child.