What are the Daycare Provider’s Responsibilities if My Child Gets Hurt?
Written by Greg on December 28, 2019
As a parent, you try to protect your child and ensure his or her health and safety. When you drop your child off at daycare, you trust the provider to keep your child safe and secure. Unfortunately, children can get hurt while in the care of others. If a child gets hurt due to the negligence of a daycare provider, the provider may be held responsible for the child’s injuries and damages.
Daycare Provider’s Responsibilities
Texas law requires daycare providers to follow specific steps when a child suffers an injury while in their care. The Texas Department of Family and Protective Services (DFPS) regulates and oversees daycare centers. Daycare providers must notify parents when an injury occurs and report the injury. You must be notified in writing and must sign a receipt that indicates you received the form. All too often, daycare providers try to avoid reporting incidents and therefore may not always properly notify parents when a child suffers an injury.
A childcare provider must ensure the safety of your child. They need to make sure that the facility is safe, the equipment is in good condition, and the staff is properly vetted and trained. They must properly supervise children to prevent accidents and injuries. If your child gets hurt, they must administer first aid and need to seek medical attention for serious injuries. If they fail at their responsibilities, they could be considered negligent.
What can I do About a Negligent Daycare Provider?
The most important thing to consider is your child’s safety and well-being. If you suspect that your child was hurt due to negligence at daycare, it is best to remove your child from the facility at once. Report the issue to the provider and sometimes, to the police. The police will issue a report and must inform DFPS. Gather information about the incident including the date and time it occurred, the names of the staff members on duty, and other details. Take your child to the doctor for treatment of injuries.
Contact a Lawyer Experienced in Daycare Injury
Contact an experienced Houston daycare injury attorney. Your lawyer will review the situation and guide the best way to handle the problem. Your attorney will work to gather evidence regarding how your child got hurt and whether the provider was negligent. Actions or lack of actions can constitute negligence. For example, the provider may not have enough staff members to watch children under their care. The staff may be untrained or may not have adequate supervision. There may be problems with the facility itself that are dangerous to children.
At Baumgartner Law Firm, we will review your case and help you with how to proceed. We understand the importance of your child’s health and safety, and we know how to resolve issues and get to the facts. We are here to assist you during this distressing time.
Contact Baumgartner Law Firm for a free case evaluation- Call (281) 587-1111!