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

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?

Report the Incident

The daycare facility should contact you immediately when your child is hurt. Make sure that the manager fills out a report to document the incident. It’s challenging to discover what happened, especially when the injured child is young. Talk to the teacher in charge when the accident occurred. You want to learn as much as you can about the cause of the injury. Ask what the daycare provider did following the injury. If the injury was severe, the provider should seek immediate emergency medical treatment. You may need to file a police report and submit a complaint to Texas HHS. 

Who Regulates Daycare Centers 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.

Talk to a Houston Daycare Injury Attorney

If the injury was caused by negligence by the daycare provider, your child might be owed compensation for damages. The provider may be held responsible if they failed to provide proper supervision, for instance. Unsafe facilities could have caused the accident. For example, if the carpeting is torn and the child tripped and fell, the provider may be negligent. Many accidents are preventable. If the daycare provider knows that a dangerous condition exists and doesn’t fix it, they could be negligent and might be responsible for the damages. 

However, the most significant cause of injury at daycare is the provider failing to supervise the children adequately. 

It is best to talk to a lawyer as soon after the accident as possible. Speak with a daycare injury lawyer by calling (281) 587-1111.


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