Helping Parents Understand If Caregiver Negligence Caused a Daycare Fall

Daycare Accident vs. Negligence: What’s the Difference and Why Does It Matter?

To start, let’s explore the differences between fall accidents and falls caused by negligence at daycare centers.

An accident is an unfortunate event that happens even when the daycare center and its caregivers take reasonable precautions. For example, a child can fall when they:

• Get bumped by a peer during playtime
• Lose their balance while learning to walk on a padded floor
• Trip over their shoelace during playtime while supervised

While upsetting, these situations don’t necessarily indicate wrongdoing by a caregiver or the daycare center’s operations. The centers cannot prevent every minor mishap, and Texas childcare laws, also known as minimum standards, recognize that. 

On the other hand, negligence at a daycare center means the center and its caregivers failed to follow the reasonable steps outlined in the minimum standards to protect a child’s safety. These incidents are preventable. A few examples of how preventable fall injuries at local centers occur:

• A caregiver leaves a child unattended on a changing table or in a high chair
• Caregivers do not immediately clean up a spill that causes a child to slip and fall
• Caregivers fail to properly strap a child into a high chair
• Playground equipment is broken or installed on a hard surface without the required padding or mulch
• Children gain access to an area with playground equipment that is inappropriate for their age, or they’re allowed to play on the equipment due to a lack of proper spotting or close supervision by a caregiver
• Classrooms are “out of ratio,” meaning child-to-caregiver ratios exceed legal limits, and children are left without adequate supervision

Learn more about the common reasons kids suffer fall injuries at daycare centers because of negligence in this video.

Our experienced daycare injury lawyers want to emphasize that daycare negligence often stems from laziness, poor training, understaffing, and a focus on profits over child safety. These preventable actions can have serious consequences for a young child, especially when they cause fall incidents. Little ones can suffer the following severe injuries that require immediate medical attention:

• Head injuries, including concussions or skull fractures
• Broken bones or dislocations
• Deep cuts or lacerations that require stitches
• Falls that make a child lose consciousness

Can I Take Legal Action If Negligence Caused My Child’s Fall at a Daycare Center?

Understanding whether your child’s fall was an accident or the result of negligence at the daycare center determines the next steps and options for your family. If the daycare ignored minimum standards and acted negligently, your family has the right to take legal action to hold the daycare center accountable for its safety failures that caused your child’s fall and subsequent injuries.

When it comes to fall incidents and injuries caused by negligence, your family may want to work with experienced daycare injury lawyers like our team at The Button Law Firm to file a lawsuit or a claim against the daycare center. (Use these tips to help you choose the best daycare injury lawyer for your situation.)

Filing a lawsuit or claim against a daycare center may sound extreme or feel formal, but this action is a way to advocate for your child and get justice for your family, and it can help protect other children in the community from getting hurt at the daycare center.

In addition, your family may be eligible for compensation, also known as damages, which can help cover:

• Costly medical bills and treatment plans to help your child recover from their fall injury
• Cover the steps needed to regain enjoyment of life
• Mental health resources to help your child process and move forward from the traumatic experience
• Impairment or physical disfigurement sustained from the fall injury

Check out more information about filing a daycare lawsuit in this video series.

What Should You Do If You Suspect Negligence Caused Your Child’s Daycare Fall Injury?

If your child suffered a fall while in daycare and you’re concerned it was due to negligence, here are the six key steps you should take:

1. Seek Medical Attention: Have your child checked out by a pediatrician or at a local emergency room. Some common fall injuries, like concussions or internal bruising, aren’t immediately visible. Also, your child’s medical records can be used as important documented evidence if you decide to pursue legal action later.

2. Take Photos of Your Child’s Injuries: If your child has visible injuries such as bruises, swelling, cuts, or severe scrapes from their fall injury, take clear photographs. These images can help support your claims against the center in the future.

3. Request a Copy of the Incident Report: Daycare centers are required to provide parents with a written report of any injury a child experiences at the center. This report should include what happened, when and where, who was involved, and what steps were taken after the fall. If the daycare center refuses to give you a copy of the report, that may be a red flag for negligence.

4. Report the Incident to the State: For fall incidents caused by neglect, be sure to file a formal complaint with the Texas Department of Family and Protective Services hotline. You can do this by calling 800-252-5400 or online at txabusehotline.org. The state will investigate the incident and determine whether the daycare violated the minimum standards.

5. Take Detailed Notes to Gather Evidence: Take detailed notes from any conversations with the daycare’s director or caregivers about your child’s fall incident and injuries, along with your child's medical records and photos. Be sure to screenshot or print out any emails and text conversations with the daycare. You can also try to connect with other parents or daycare workers who may have seen or heard what happened to your child.

6. Contact Our Daycare Injury Lawyers. Daycare injuries can feel overwhelming and be tricky to navigate. We recommend speaking with one of our daycare injury lawyers for a free consultation by calling 214-699-4409 or emailing us at [email protected]. We will be ready to listen and help you determine the best path forward for your child and family.

Free Resources for Parents After a Daycare Fall Injury

Our experienced daycare injury lawyers have created several free resources to help Texas parents navigate the aftermath of a fall injury at a daycare center:

• Exploring Legal Options After a Fall Injury at a Daycare Center in Texas
• What Parents Should Know About Changing Table Falls in Daycare Centers
• 5-Step Guide for Parents Dealing with a Daycare Injury

Was Your Child Injured Because of a Fall Caused by Daycare Negligence? Contact The Button Law Firm.

If your child was seriously injured by a fall incident that was preventable at a daycare center, contact our experienced Texas daycare injury lawyers at The Button Law Firm. With lawyers in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409, email us at [email protected], or fill out a contact form for a free case evaluation.