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What are the Daycare Provider’s Responsibilities if My Child Gets Hurt?

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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.

Personal Injury

What are the Daycare Provider’s Responsibilities if My Child Gets Hurt?

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.

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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!

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Houston Car Accident Claims:From Start To Finish

An Interactive Guide


You hear metal crumpling. Someone just hit your car. Maybe they ran a red light or lost control of their vehicle. Maybe you were rear-ended by a teenage driver on her cellphone.

Either way, you’re angry and frustrated. You have things to do. Places to go. But now, you're standing beside your damaged vehicle waiting for the police to arrive. You start to feel some neck pain.

All that to say: A single, unexpected moment changed everything.

A car accident can strike at any time. Whether you are on your way to work or headed to the store, it doesn’t matter. It’s moments like these that cause the government to require everyone to buy insurance.

A Guide For All Car Accident Victims

In this guide, you will learn:

  • How To Handle Yourself When Disaster Strikes
  • How To Ensure The At-Fault Insurance Company Covers Any Property Damage And Injury Expenses.
  • What Injury Lawyers Do And How They Can Help You.
Go To Step 1

Get To Safety

Prevent Further Damage & Injury

If you find yourself in the middle of the intersection or on the freeway, you first priority is to move all persons (and vehicles if possible) out of the way of oncoming oncoming traffic.

Houston road illustration

Survey The Damage

Call The Police + Gather Evidence

After getting to safety, you should immediately dial 911. Make sure to alert the dispatcher if there are any serious injuries.

As you wait for help to arrive, you have 3 goals:

  • Identify Extent of Injuries
  • Identify Witnesses
  • Identify Vehicle Damage

Pro Tip: Use your cell phone to record a statement from the other driver, as well as to store contact information for the other driver and any witnesses.

What Type Of Photos
Should I Take?

Get Medical Help

Your Health Is #1

After emergency help arrives, it is important to seek medical treatment. Even if you don’t feel injured, it is important to get checked out for any internal injuries.

Be sure to go in for any follow-up checkups or procedures.

Pro Tip: If you wait before seeking medical treatment, the at-fault insurance company may argue that your injury wasn’t serious and that you don’t deserve compensation for medical expenses.

Common Internal

  • Whiplash
  • Internal Bleeding
  • Broken Ribs
  • Punctured Lungs

Hire An Injury Lawyer

Save Time. Get Compensated.

Hiring an injury lawyer after a serious accident is one of the best things you can do. Injury lawyers take care of all communication and negotiation with insurance companies. This frees up your time to focus on recovering.

At our law firm, we offer free initial consultations to all Houston residents. Just fill out our contact form — or give us a call to schedule a convenient time for you. We’ll listen to your story and offer our advice.

Pro Tip: Never accept a settlement without consulting a lawyer, especially if injury is involved. Once you accept a settlement, you can never recover anything further in the future.

Time Is Of The Essence


In most cases, you have 2 years from the date of the accident to file a lawsuit. This is called the Statute of Limitations.

Certain exceptions can extend and/or shorten a limitations period.

If the victim is a minor, the limitations may be extended until they are 18 years old.

If you are in an accident caused by a governmental entity in Texas, the statute of limitations may be much shorter — ranging from a few months to six months.


File Your Claim

Notify Your Insurance Company

It is important to notify your insurance company about the accident as soon as possible.

Many insurance companies allow you to file your claim online. Otherwise, call the number listed on your insurance card.

Be sure to keep track of all adjuster names and contact information.

Pro Tip: There may be multiple active insurance policies that can cover you. For example, if the other driver didn’t have insurance, your own Uninsured Motorist coverage could kick in. An experienced attorney can help identify these policies & maximize your recovery.

Find Your Insurance Company

Learn Fault Factors

Pro Tip: Do not give any recorded statements until you have the opportunity to consult with legal counsel.

Schedule a Free Strategy Session

Been in an accident? We’re here to help. Fill out the information below to arrange a free consultation

Interactive Car Accidents Form

  • MM slash DD slash YYYY
  • This field is for validation purposes and should be left unchanged.

Get To Safety
Survey The Damage
Get Medical Help
Hire An Attorney
File Your Claim
Go to Step 2