What to do if Your Child is Hurt at a Daycare Center in Texas

Written by greg on March 17, 2019


When you drop your child off at a daycare center, you trust that the providers will take care to ensure the health and safety of your precious little one. Unfortunately, children can and do get hurt while they are at childcare facilities. The facility is required to provide proper care, and if their staff members are negligent, they could be held responsible for your child’s injuries. If your child was hurt while at a daycare center, you are probably extremely upset and angry. So, what do you do next?

Who Regulates Daycare Centers in Texas?

Daycare regulation in Texas

Texas daycare centers are regulated by the Texas Department of Family and Protective Services (DFPS). Texas Administrative Code provides minimum standards that must be followed by daycare facilities. Daycare providers must meet the minimum standards in order to obtain and keep their child care license. The provider must maintain a safe environment for children at all times and there must be a proper ratio of staff to children at all times. Daycare providers must submit a report if a child is hurt while in their care. If the provider was negligent and failed to provide the proper standard of care, they may be responsible for the injury at the daycare.

What to do After Your Child Gets Hurt

Young children may not be able to communicate what happened, and therefore, you have only the daycare provider’s account of the accident. There are some things you can do immediately following the incident to help prove that the daycare provider was negligent. Take photos of the location where the incident occurred and take photos of your child’s injury.

Request camera surveillance footage to review so you can see what actually occurred. Make a note of the employees who were on duty, the name of the on-duty manager and the number of children that were present at the time of the incident. Keep medical records and bills from all doctor and emergency room visits and follow-up care.

Do not be surprised if the daycare center does not want to provide you with the information you request. They typically have attorneys who will handle any accidents that occur, and they can make things difficult. It is best to get help from a qualified personal injury attorney with experience dealing with daycare injuries.

Investigation and Legal Options

The law requires the daycare center to provide you with a written report of the accident and submit the report to DFPS. DFPS will conduct an investigation to determine what occurred. They may issue a violation based on their findings. You may be entitled to compensation for your child’s injuries, including medical costs and money for pain and suffering, if applicable. A skilled Houston personal injury attorney will assist with the process and will help gather evidence to prove your case.

Daycare injury cases can be complex and lengthy. In most instances, personal injury cases are settled before they go to court. If your child was hurt at a daycare center, contact Baumgartner Law Firm to discuss the details of the situation in a consultation.

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