Liability Protection Tips for Your Adult Day Care Facility

Nate Jones, CPCU, ARM, CLCS, AU
4 days ago
3 min read

Running an adult day care facility comes with unique responsibilities, and significant liability exposure. From client injuries to medication errors, supervision issues, aggressive behaviours, and regulatory lapses, even a small mistake can turn into a costly claim. Protecting your adult day care means combining strong safety practices, regulatory compliance, and the right business insurance.

This guide outlines the most important liability protection tips for adult day care facilities, supported by industry standards and regulatory guidance.

Liability Protection Tips for Your Adult Day Care Facility

1. Maintain Proper Staffing Levels and Training

Staffing is one of the biggest factors influencing liability. Adult day services care for clients with cognitive, physical, and behavioural challenges, and insufficient staffing dramatically increases risk. inadequate staffing can lead to falls, wandering, behavioural incidents, and delayed medication administration, all of which increase liability exposure.

To protect your business:

Maintain state‑required staff‑to‑client ratios
Provide regular training on emergency response, abuse prevention, and supervision
Conduct background checks and verify credentials
Hold daily safety huddles to review any client‑specific risks

2. Strengthen Client Safety and Behaviour Management Protocols

Behavioural safety is a growing liability issue for adult day care centers. According to safety guidance for adult day care programs, facilities should implement behavioural risk assessments during intake, develop de‑escalation plans, and train staff to prevent or respond to aggressive outbursts to maintain participant and staff safety.

Key protections include:

Conducting behavioural assessments during admission
Creating behaviour care plans
Training staff on de‑escalation techniques
Monitoring high‑risk clients closely

These measures reduce the likelihood of injuries, altercations, and negligence claims.

3. Ensure Environmental Safety and ADA Compliance

Adult day care facilities must maintain a safe environment free of obstructions, hazards, and unsafe equipment. Facility requirements, such as accessible restrooms, adequate space for wheelchairs, secure medication storage, and emergency evacuation procedures are mandated at the state level and are specifically outlined in adult day care regulatory standards.

Best practices include:

Keeping hallways and activity rooms clutter‑free
Maintaining ADA‑compliant entrances, ramps, and restrooms.
Inspecting equipment, furniture, and mobility aids regularly
Posting and practising fire and evacuation drills quarterly

A safe environment protects clients and significantly reduces liability exposure.

4. Maintain Accurate Client Records and Incident Logs

Regulatory compliance requires extensive documentation. According to adult day care compliance guidelines, facilities must maintain updated client files, medication logs, incident reports, attendance records, and care plans to meet licensing standards and protect against liability claims.

You should:

Document all incidents, no matter how small
Keep medication administration logs detailed and accurate
Update care plans frequently
Maintain confidentiality in line with HIPAA

Proper documentation is critical for legal defense if a claim arises.

5. Implement a Transportation Liability Safety Program

Transportation is one of the highest liability risks for adult day care centers. Nationwide’s safety recommendations emphasize having a fleet safety program, background‑checking drivers, and training them in specialized transport protocols, especially when using 15‑passenger vans or assisting clients with mobility issues.

Your program should include:

Driver background checks and MVR screening
Training on wheelchair lift systems
Vehicle maintenance logs
Strict seatbelt and securement protocols

Transportation incidents often lead to severe claims—so prevention is essential.

6. Maintain Compliance With State Licensing Standards

Adult day care facilities are heavily regulated, and noncompliance increases liability dramatically. Regulations include safety standards, emergency preparedness, staff training, sanitation requirements, and building compliance. Federal and state reports confirm that many facilities struggle with infection control, safety standards, and documentation, all of which affect liability exposure.

Always:

Keep your state license current
Pass all inspections
Retain proof of insurance
Follow federal and state safety rules

7. Carry the Right Insurance Policies for Liability Protection

Even the safest facilities face unexpected incidents. That’s why specialised adult day care business insurance is essential.

Required and recommended policies include:

These coverage protect your business financially when claims occur.

Protect Your Adult Day Care With Wexford Insurance

Wexford Insurance specialises in adult day care business insurance, working with national carriers that understand your industry’s risks and compliance obligations.

With Wexford, you get:

✔ Industry‑specific liability protection guidance

✔ Multiple insurance quotes from adult‑day‑care carriers

✔ Coverage tailored to your services and state regulations

✔ Fast, expert support for licensing and documentation requirements