What Counts as Daycare Negligence? BLF Attorneys Explain What Parents Need to Know

The short answer is: Daycare negligence occurs when a childcare provider fails to meet basic safety and supervision standards, and a child gets hurt as a result. This can include a lack of supervision, dangerous conditions, or ignoring a child’s medical needs.

At The Button Law Firm, we work with families daily who trusted a daycare to keep their child safe, only to find out something went terribly wrong. If you’re wondering whether your child’s injury or experience at daycare counts as negligence, here’s what you need to know.

What Does Negligence Look Like in a Daycare?

Negligence at a daycare can take many forms, but it generally means the daycare or its staff didn’t act with the level of care expected when caring for children. It’s not just about bad behavior or mistakes—it’s about a failure to meet legal and safety standards that puts kids at risk.

Some common examples of daycare negligence include:

• Lack of Supervision: Children must be watched at all times. If a child is injured while the staff are distracted or absent, that may be considered negligence.
• Unsafe Environment: Daycares are responsible for maintaining clean, hazard-free spaces. Broken furniture, unsecured cabinets, or unsafe playground equipment can pose serious risks.
• Improper Staffing: A daycare should have enough trained staff to properly care for the number of children enrolled. Too few caregivers or unqualified staff can lead to dangerous situations. To learn more about the required child to caregiver ratios at Texas daycares, click here.
• Ignoring Medical Needs: Failing to accommodate a child’s known medical conditions or allergies can have serious consequences, and may be considered negligent.
• Mistreatment or Harsh Discipline: Any kind of mistreatment—whether physical punishment, verbal threats, or emotional harm falls under negligence.

How Can I Tell if My Child’s Injury Was Caused by Negligence?

Sometimes, daycares claim an injury was “just an accident.” But not all incidents are unavoidable. Many injuries happen because a daycare didn’t follow basic safety rules or failed to give children the needed attention.

If something feels off, trust your instincts. Parents are often the first to notice when something isn’t adding up.

Here are a few signs that negligence may have played a role:

• The daycare’s explanation doesn’t match your child’s injury or behavior
• There were no staff witnesses or proper incident reports
• Your child starts showing signs of fear, anxiety, or emotional distress after attending daycare
• The facility has a history of violations or complaints

In these situations, it’s important to document what happened, take your child to a doctor, and reach out to an attorney who handles daycare injury cases. Our team at The Button Law Firm can help you find out what really happened and your legal options.

We’re Here to Help—Don’t Wait to Take Action

If you believe your child was harmed due to daycare negligence, it’s important to act quickly.

Our team at The Button Law Firm is ready to listen and guide you through your next steps. We’ve helped families across Texas stand up to negligent daycare centers, and we’re here to help you, too.

Call us today at (214) 699-4409
Email us at [email protected]
Or fill out our secure contact form here

You don’t have to go through this alone. Let us fight for the justice your child deserves.