For many young children, the playground is a space where they can laugh, explore, and develop vital motor and social skills. At a daycare facility, outdoor playtime is more than just fun; it's a key part of healthy early childhood development. However, when safety is compromised, the playground can quickly become a dangerous, even life-threatening, environment.
At Bivona Law Firm, we help families in New Caney hold daycare providers accountable when preventable playground injuries occur. We understand how traumatic it is to get that call saying your child has been hurt, that an accident happened, or that someone “didn’t see” what happened. When that injury is the result of negligence, it’s not just heartbreaking, it’s absolutely unacceptable.
Drew Bivona, the founding attorney of Bivona Law, has dedicated his career to advocating for injured children and their families. His passion for justice is deeply personal. Drew believes every child deserves to be safe, especially in spaces designed for growth and joy. When negligence on a daycare playground shatters that sense of safety, he steps in with purpose, compassion, and an unwavering commitment to doing what’s right.
Most daycare facilities in New Caney include outdoor play areas as part of their daily programming. Swings, slides, climbing structures, and balance beams are meant to promote strength, coordination, and imagination. But without proper maintenance, supervision, and safety standards, these features can become hazardous.
We’ve seen children suffer broken bones from improperly secured slides, concussions from falls on hard surfaces, lacerations from exposed hardware, and even strangulation risks from defective equipment. What’s worse is that many of these injuries happen not because children were “being children,” but because someone failed to do their job.
Negligence isn’t always loud or obvious. Sometimes it’s quiet, systemic, and ignored until something terrible happens. A broken piece of equipment that goes unrepaired. A playground surface that doesn’t meet basic fall protection standards. A caregiver who is distracted by a phone while the children climb. These failures can have serious, sometimes lifelong, consequences for the children involved.
In many cases, yes. A New Caney daycare facility can be held legally liable if a child is injured on their playground due to unsafe conditions, lack of supervision, or failure to follow Texas state childcare regulations.
Under Texas law, daycare providers are held to a legal duty of care for the children they supervise. This duty includes maintaining a safe environment, ensuring equipment is in good repair, and monitoring children at all times during outdoor play. If they breach that duty, and that breach leads to injury, they may be held legally responsible through a personal injury claim.
At Bivona Law Firm, we work with families to investigate not just the injury itself, but the conditions that led up to it. Was the equipment age-appropriate? Was the staff adequately trained and attentive? Were there state violations documented in prior inspections? Was first aid administered promptly and correctly? These are the questions we ask because they matter and not just for legal reasons, but because parents deserve the truth.
While each case is unique, patterns emerge. Too often, playground injuries at daycare facilities are not accidents, but they are the predictable result of negligence. Some of the most frequent failures we see in New Caney facilities include:
These aren’t harmless oversights. They’re violations of both Texas minimum standards for childcare and basic common sense. And when they result in harm to your child, they are legally actionable.
This is an unfortunately common tactic and one we’ve seen play out again and again in New Caney and across Texas. A daycare facility may suggest your child was “playing too roughly” or “not following instructions” in an effort to deflect responsibility. They might even try to downplay the seriousness of the injury or suggest that children get hurt sometimes.
While it’s true that kids can be unpredictable, daycares are still responsible for supervising them properly and maintaining safe play areas. Children are not expected to have adult judgment, and that’s why they’re under the care of trained professionals. Blaming a child is not only inappropriate, but it is also legally irrelevant in most cases involving daycare negligence.
At Bivona Law, we push back against these tactics. We center the facts, the evidence, and your child’s right to a safe environment. And we don’t let anyone off the hook for failing to protect the most vulnerable among us.
Some playground injuries are evident in their severity, such as broken arms, deep cuts, or emergency room visits. But others take longer to reveal themselves. A head injury that leads to developmental delays. A traumatic fall that leaves a child fearful of group play. A minor-looking bump that later turns out to be a concussion.
Injuries sustained during early childhood can affect learning, behavior, and emotional development. That’s why we often consult with pediatric neurologists, psychologists, and rehabilitation experts to fully understand what your child needs for now and in the future.
Legal action isn’t just about what happened on the playground. It’s about the impact that the injury will have on your child’s ability to thrive long after the bruises fade.
We know that calling a lawyer is probably the last thing you thought you'd be doing when you dropped your child off at daycare that morning. You’re dealing with fear, guilt, anger, and probably more questions than answers. At Bivona Law Firm, we meet you in that moment with clarity and compassion.
Drew Bivona works directly with every family, not just as an attorney, but as an advocate who genuinely cares about your child’s well-being. From the first phone call, you’ll find a team ready to listen, investigate, and fight for the justice your family deserves.
We start by listening to your story and gathering the facts. From there, we conduct a thorough investigation, including an inspection of the daycare facility, a review of licensing reports, and interviews with witnesses or other parents. We consult with medical professionals to understand the scope of your child’s injury, and we handle all communication with the daycare’s legal and insurance representatives so you don’t have to.
And because we know you’re already under enough stress, we offer free consultations so you can understand your options without pressure or obligation.
Taking legal action after a playground injury isn’t just about compensation, but it’s about prevention. When negligent daycares in New Caney are held accountable, they’re forced to change. That might mean safer equipment, better training, or stricter policies. Your case could protect not just your child, but others who come after.
We want every parent in New Caney to feel confident when they leave their child in someone else’s care. That’s why we do this work. We want to make sure no family has to go through what your family is going through right now.
