What Should I Do If My Child Is Injured at Daycare?

Accidents can happen anywhere, especially with young children who are naturally curious and active. At daycare, a scrape from a fall or a small bump from playtime might be expected. But what if your child’s injury goes beyond the occasional tumble? What if you suspect the injury was caused by negligence?

Navigating this situation can be overwhelming for any parent, but knowing what steps to take is key to ensuring your child’s safety and well-being. At Saavedra Law Firm, we have been handling situations like this for years, and are ready to guide you. Here are the essential steps you can take if your child is injured at daycare:

• Get medical attention immediately.  
• Document the incident and injury.  
• Contact the daycare center’s management and preserve evidence.  
• Understand what constitutes daycare negligence.  
• Explore legal options for recovering losses or damages.  

Below, we’ll walk you through each critical step to help you protect your child, understand your rights, and take the appropriate action.

Immediate Actions After an Injury

Your first priority should always be addressing your child’s immediate medical needs.  

Seek Medical Attention

For serious injuries, like a head injury, fractures, or significant cuts, call 911 or take your child to the nearest emergency room. Even if the injury seems minor, visiting a pediatrician is a good idea for proper evaluation. Internal injuries or concussions can sometimes be hard to detect but might have long-term consequences if untreated.  

Inform Daycare Staff and Document the Incident

Notify daycare staff about the injury as soon as possible. It’s essential to collect details while the incident is still fresh. Take photos of your child’s injury and the area where it occurred, noting any unsafe equipment or hazards. Write down the date, time, and exact circumstances of the injury. Clear, accurate documentation will be vital if further action is required.  

Investigate and Collect Evidence

Once your child is safe and their medical situation is under control, it’s time to dig deeper into what happened.  

Contact the Daycare Center Director

Request a conversation with the daycare director to share the details of the incident. Ask for a full explanation of how and why the injury occurred. Don’t hesitate to request written documentation of their incident report, including any actions taken afterward.  

This conversation is not only about understanding what happened but also ensuring the daycare takes the situation seriously.  

Preserve Evidence

Ask the daycare to preserve any physical evidence related to the injury. For example, if unsafe equipment was involved or if a supervising staff member might not have followed protocol, this evidence could be vital in determining responsibility. Document any key observations during your interactions with daycare staff, such as their demeanor or responses to your questions.  

Understand Daycare Negligence

Not every injury is the result of negligence. It’s important to differentiate between a genuine accident and a violation of the daycare’s duty of care.  

What is Daycare Negligence?

Daycare negligence occurs when a staff member, employee, or facility fails to meet their responsibility to provide a safe environment for children. Negligence can take many forms but generally involves a breach of the standard of care.  

Examples of Daycare Negligence

• Lack of Supervision: Leaving children unsupervised or failing to maintain appropriate ratios of caretakers to children.  
• Unsafe Equipment: Playground equipment not properly maintained or repaired.  
• Failure to Follow Safety Rules: Ignoring established protocols for preventing harm.  
• Neglect: Failing to attend to a child’s basic needs, such as food, hygiene, or medical care.  

If you believe negligence played a role in your child’s injury, it’s important to take the next steps to protect their interests and your family’s rights.

Take Legal Action

When daycare negligence is suspected, parents may have legal pathways to pursue compensation for damages, including medical bills, trauma, or pain and suffering.  

Understand Your Legal Options

Start by consulting a personal injury lawyer who is skilled in child-injury cases. An experienced lawyer will review the details of your case, explain your legal rights, and help determine whether negligence directly caused your child’s injury.  

Potential Compensation

If negligence is proven, parents may be eligible to recover costs associated with medical expenses, therapy, loss of income for time off work, and even emotional distress suffered by the child and family. A legal professional can also help you negotiate with the daycare’s insurance provider or represent you in court if necessary.  

Safeguard Your Child’s Future and Rights

Understanding the right steps to take when your child is injured at daycare empowers you to act quickly and confidently. At Saavedra Law Firm, we are here to help parents protect what matters most. If you believe your child’s injury was caused by daycare negligence, contact us today. We’ll review your case and work tirelessly to get the justice your child deserves.