Young child eating food at daycare.What Parents Need to Know About Daycare Choking Injuries

Choking is among the leading causes of injury and death in children, as reported by the Centers of Disease Control and Prevention (CDC). A child can choke at Texas daycare centers when there is an obstruction of an airway caused by a piece of food or a toy with small pieces that can fit into the child’s mouth but is too large to be swallowed. Children ages four and younger are most vulnerable to choking incidents because they are still learning how to chew and swallow, according to the CDC. These children are also at a heightened risk because they are at the age where curiosity leads them to putting objects in their mouth.

It's scary when a child chokes at a Texas daycare because these incidents can lead to life-altering injuries or even turn fatal if a child’s airway is not cleared quickly. Choking incidents can seriously harm a child by causing:

Sadly, an average of 140 children choke to death in the U.S. every year—that’s one child who loses their life every five days from a choking incident.

Our daycare injury experts have compiled more information to help educate parents and daycare workers alike on choking risks and prevention methods at Texas daycare centers.

4 Steps for Parents to Follow After a Child Chokes at a Texas Daycare

Because of the serious nature of injuries caused by choking, these incidents can be traumatic for a child and parents. Our experienced daycare injury lawyers have compiled a list of four steps to help parents know what to do if their child chokes at a Texas daycare center:

  1. Seek medical attention immediately by taking your child to an emergency room, urgent care center, or pediatrician’s office. If a child is still breathing, doctors can check for any internal damage to the throat and, if needed, monitor the child’s brain activity for any potential damage. 
  2. Report the incident to the state. Choking incidents at Texas daycare centers can occur due to a lack of child supervision within a classroom. Reasons can include inappropriate caregiver-to-child ratios and improper training. You can report allegations of daycare neglect in Texas to the Texas Department of Family and Protective Services (DFPS) by calling the Texas Abuse Hotline at 800-252-5400 or submit a report online at
  3. Document any information from the incident by keeping track of all correspondence from the childcare facility and its workers. Screenshot text messages and emails discussing the incident, take pictures or make copies of any letters from the daycare or its workers, and make detailed notes of any phone calls with the daycare as they occur. While it may be overwhelming to remember these steps when you are more concerned about your child’s health and well-being, keeping a file of correspondence can benefit your family’s legal case to hold the daycare accountable for your child’s choking injuries.
  4. Contact our experienced daycare injury lawyers by calling 214-699-4409 or filling out a contact form. Your family may be eligible for compensation to cover your child’s medical expenses, therapy and other helpful resources, and pain and suffering. We are ready to listen and advise your family on the best approach to hold the daycare accountable and get justice for your child’s traumatic experience and injuries. However, there is a two-year time limit for filing a personal injury claim in Texas, so reach out to our team as soon as possible.

Can I Sue a Texas Daycare After My Child Is Hurt by a Choking Incident?

A child’s parents or legal guardian has two years from the date of a choking incident at a Texas daycare facility to file a lawsuit to seek compensation and hold the negligent daycare providers and caregivers accountable for your child’s injuries and traumatic experience. Our lawyers at The Button Law Firm will serve as your family’s advocate, so you can focus on helping your child heal from their injuries.

If your child is hurt by a preventable choking incident at a Texas daycare center in Texas, your family may be eligible for compensation to cover the following:

  • Medical expenses
  • Pain and suffering
  • Future expenses to manage your child’s recovery from injuries

In the tragic event that your child passes away because of a choking incident at a Texas daycare, your family may be eligible for compensation to cover: 

  • Funeral and burial expenses
  • Medical expenses
  • Pain and suffering
  • Punitive damages if the daycare’s gross negligence caused your child’s death
  • The emotional toll of losing a loved one, especially a child
  • Other unexpected expenses

It is important to speak with experienced Texas daycare injury attorneys, like our team at The Button Law Firm, who will listen and advocate for the best path forward for you and your family. 

Schedule a Free Consultation with Our Texas Daycare Injury Lawyers After Your Child is Hurt by a Choking Incident  

Our team of experienced and compassionate daycare injury attorneys at The Button Law Firm is dedicated to advocating for you and your family if your child is seriously hurt by a choking incident while in the care of a Texas daycare facility. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our attorneys 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 or fill out a contact form for a free consultation.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.