California Baby Suffers a Brain Injury at Daycare

A 23-month-old boy suffered a brain injury after a daycare worker at the Bay Club’s El Segundo Clubhouse allegedly tossed him into the air and failed to catch him, according to a lawsuit filed by his family.

The March 2025 incident was reportedly captured on surveillance video. The family alleges the child struck his head on the floor before the employee landed on top of him.

What Happened?

According to the complaint:

  • The child was attending the Bay Club’s supervised daycare.
  • A daycare employee repeatedly swung him by his arms.
  • On the third swing, the employee allegedly threw him several feet into the air.
  • The worker failed to catch him.
  • The toddler struck his head on the floor.

The lawsuit also alleges that Bay Club employees minimized the incident and failed to fully disclose the severity of the child’s injuries to his parents.

Child Diagnosed With Brain Injury

After being taken to the hospital, the child was diagnosed with:

  • Blunt head trauma
  • Concussion
  • Facial injuries
  • Abrasions

According to the lawsuit, he continues to experience symptoms, including hearing loss.

Lawsuit Alleges Negligence

The family alleges the daycare:

  • Failed to properly supervise the child.
  • Failed to properly train employees.
  • Misrepresented how the incident occurred.
  • Delayed notifying the parents about the seriousness of the injuries.

The lawsuit seeks compensation for the child’s injuries and ongoing medical needs.

Rights After a Child Suffers a Brain Injury in California

California law requires daycare providers to use reasonable care to protect children in their custody.

When negligence causes a child’s brain injury, families may have the right to pursue compensation under California Civil Code §1714.

Economic damages

Families may recover compensation for:

  • Emergency medical care
  • Hospitalization and surgery
  • Neurological treatment
  • Physical, occupational, and speech therapy
  • Future medical care
  • Educational support and accommodations

Non-economic damages

Compensation may also include:

  • Pain and suffering
  • Emotional distress
  • Permanent cognitive impairment
  • Loss of quality of life

Liability Analysis

Investigators may examine whether the daycare:

  • Failed to properly supervise the child.
  • Failed to adequately train employees.
  • Violated its duty of care.
  • Failed to promptly report the injury to the parents.

If these allegations are proven, the daycare and its operators may be held liable for the child’s injuries.

Why Brain Injuries in Young Children Are Different

Brain injuries during early childhood can affect a child’s development for years.

Possible long-term effects include:

  • Learning difficulties
  • Memory problems
  • Behavioral changes
  • Hearing or speech impairments
  • Delayed cognitive development

Because the brain continues developing throughout childhood, ongoing neurological monitoring is often necessary.

At Brain Injury Help Center

A brain injury during childhood can affect a lifetime of learning, development, and independence.

Brain Injury Help Center helps children and families pursue compensation for medical care, rehabilitation, future treatment, and the long-term effects of traumatic brain injuries caused by negligence.

Free consultations are available, regardless of immigration status.

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