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What to Do if Your Baby was Hurt in Daycare

Grimes & Fertitta > Family Law  > What to Do if Your Baby was Hurt in Daycare

What to Do if Your Baby was Hurt in Daycare

What to Do if Your Baby was Hurt in Daycare

Having a baby hurt in daycare can be a very stressful and sad experience for parents. When you drop your child off at daycare, you should not have to worry about anything bad happening to your child, especially an injury. If you do find yourself in a “my child was hurt in daycare” situation, seek legal guidance to help report the daycare.

As a parent, it’s important that you know your rights. If you have reason to suspect that the daycare facility was responsible for your child’s injuries, you may be entitled to monetary damages and can file a lawsuit against the daycare.

A top injury attorney in Houston from Grimes & Fertitta is here to show you what actions you can take to get the justice your family deserves.

Common causes of daycare accidents

Here are some common causes of daycare accidents that can result in a child’s injury:

  • Trips, slips, and falls 
  • Falling off of playground equipment
  • Choking on objects including small toys
  • Consuming toxic materials (glue, paint, or unsafe or toxic toys.)
  • Injuries caused by other children 
  • Negligent behavior from daycare workers

Though these individuals are tasked with taking care of your child, it’s likely that daycare accidents can be caused by the facility or the staff itself. Are the daycare staff not supervising the children properly? Is the daycare facility unsanitary or unsafe for the children? These are important questions to keep in mind when trying to figure out why was my child was hurt in daycare?

Steps to take if your baby is hurt in daycare

Before diving into any of the steps, be sure your child receives the proper medical treatment necessary for their injuries. Your child’s well-being comes first, always. 

Step 1: Find out what happened 

Daycare accidents can happen, but some accidents are not as simple as “I slipped and fell.” Ask your child how they got hurt and if possible, document their response. Now, it’s likely your young child may not be able to clearly communicate everything that happened leading up to their injury. If you simply call the daycare and say, “My child was hurt in daycare,” they may not give you all of the information you need or worse, deny it completely. This is where gathering information and evidence becomes very important. 

Step 2: Gather evidence

First, take photos of the daycare facility and of your child’s injuries. Keep any records of medical treatment that was necessary to treat your child’s injuries. Finally, request to see camera surveillance footage of the day your child’s injury occurred. Make a note of the daycare workers who were on duty that day and get their information. 

Keep in mind that a daycare facility may not offer the evidence you request to cover their own tracks. This is where enlisting the help of an experienced attorney can be beneficial for your case.

Step 3: Contact an experienced daycare attorney

The right daycare injury lawyer can help you obtain the highest amount of financial compensation possible from the at-fault parties. We understand that compensation does not make the situation disappear, but it can help take some of the burden of medical bills or other financial stresses off of your shoulders. 

As your attorney, we want to advocate for your family’s rights. After helping you to investigate your case further, we will help you file a claim on your child’s behalf. 

Step 4: Report the daycare center and file a lawsuit

If you have an urge that your child’s accident was caused by the daycare workers’ negligence, you have a right to report the daycare center. We have a step-by-step guide on how to report a daycare in Texas. If you are unsure which branch to report the daycare center to, the Texas Department of Family and Protective Services can help you. 

Some daycare facilities may have you sign a no liability clause in their contract/agreement to make parents think you cannot file a lawsuit against the facility if your baby is hurt in daycare. The good news is that this clause cannot legally prevent you from suing the daycare if you have evidence to suggest that your child’s injury was caused by their negligence. Simply put, as a parent you have the right to file a lawsuit against your child’s daycare if they are injured while in their care.

Was your baby hurt in daycare? Grimes & Fertitta can help.

You have two years from the day of your child’s injury to file a claim against the daycare facility. Do not wait until the last minute. Hiring a family lawyer in The Woodlands from Grimes & Fertitta is the best shot you have at getting financial compensation from the negligent daycare center. We are here to help you and your family get the justice you deserve on behalf of your child.

To get your case off to the right start, request a consultation via our online form or give us a call at 713-804-8596 today.  

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