Playground Injuries at Baytown Daycares: Who’s at Fault?

Playgrounds are meant to be places of joy, growth, and physical development, but when daycare supervision fails, they can quickly become dangerous. At Bivona Law, we’ve seen firsthand how preventable daycare playground injuries can leave families overwhelmed, confused, and unsure of what steps to take next. If your child has been injured at a daycare playground in Baytown, Texas, understanding your rights and who may be at fault is essential.  

Common Playground Injuries in Daycares  

Children are naturally active and prone to occasional bumps and bruises. But when daycare playground injuries often go beyond what’s considered normal, it is often a sign of neglect and abuse in the institution. Some of the most common injuries we see include:  

• Broken bones or fractures from falls 
• Concussions or head injuries from a lack of soft surfacing 
• Cuts or deep lacerations from exposed metal or sharp edges 
• Sprains and joint dislocations from faulty equipment 
• Injuries caused by other children, including biting, hitting, pushing, etc. 
• Heat-related injuries from hot metal surfaces or dehydration  

While no daycare can prevent every minor scrape, many serious injuries are the result of negligence, and that’s where liability comes into play.  

What’s Normal vs. What’s Negligence?  

A scraped knee from a stumble might be part of growing up. But if your child falls from a broken slide or gets hurt while completely unsupervised, that’s not normal; that’s potential negligence.  

Negligence may be involved if:  

• Staff-to-child ratios were too low to allow proper supervision 
• Playground equipment was damaged, rusted, or improperly maintained 
• Children were left to self-monitor in high-risk zones (like climbing areas) 
• A staff member ignored warning signs or previous complaints 
• There was a history of prior injuries or violations at the facility  

 Negligence isn’t just about what happened; it’s about what should have been prevented with proper care and attention.  

Who’s at Fault for Daycare Playground Injuries?  

Determining fault can depend on several factors. In Texas, the liable party could be:  

•  The daycare facility itself is failing to maintain safe play areas 
• Staff members or teachers for failing to supervise or intervene 
• Other children’s caregivers, if a known behavioral issue was ignored 
• Equipment manufacturers, in rare cases, are involved in defective products  

Sometimes, multiple parties share responsibility, such as a daycare that ignored known hazards and failed to monitor children properly.  

What Does Compensation Look Like After a Daycare Accident?  

If negligence played a role in your child’s injury, your family may be entitled to compensation, which can include:  

•  Medical expenses (ER visits, surgeries, therapy)  
• Future medical care (especially for long-term injuries) 
• Emotional distress 
• Pain and suffering 
• Loss of quality of life (in cases of permanent injury) 
• In some cases, punitive damages may apply if the daycare’s behavior was especially reckless.  

Who Investigates Playground Injury Claims?  

Investigations into daycare-related injuries can involve multiple agencies and professionals, including:  

•  Texas Child Care Regulation (CCR) – which oversees daycare licensing and enforces safety standards  
• Child Protective Services (DFPS) – if abuse or neglect is suspected  
• Local law enforcement – when criminal conduct or intentional harm may be involved  
• Private legal investigators – hired by our team to gather evidence and build your case  

At Bivona Law, we play an active role in coordinating and managing these investigations on your behalf. Our team ensures that all evidence is preserved correctly, necessary reports are promptly filed, and your child’s legal rights and well-being are fully protected throughout the process. With us by your side, you have dedicated advocates fighting to uncover the truth and hold negligent parties accountable.  

What Is the Statute of Limitations in Texas?  

In Texas, the statute of limitations for filing a personal injury claim, such as one involving a daycare injury, is generally two years from the date of the incident. However, if the victim is a minor, that time frame may be extended until the child turns 18, at which point they have two additional years to file. Still, it’s always best to act early, while evidence is still fresh and accessible. Contacting our team as soon as possible allows us to gather evidence, file claims according to deadlines, and thoroughly assess your situation.   

How Bivona Law Helps  

At Bivona Law, we specialize in cases involving injured children. Our founder, Drew Bivona, who is known as The Voice for Kids, combines legal expertise with personal passion, as both an advocate and foster parent.  

We help families in Baytown and beyond by thoroughly investigating incidents and gathering crucial evidence, filing claims, and working closely with state agencies. We handle challenges like uncooperative daycare providers or insurers, carefully calculate both current and future damages, and represent your family confidently in negotiations or court. We understand the law, we understand children, and we know how to fight for justice when your child has been harmed due to someone else’s carelessness.  

FAQs About Daycare Playground Injuries  

What if the daycare said it was just an accident?  

That’s common, but not always accurate. If proper supervision or safety checks were lacking, you may still have a valid claim.  

Another child hurt my child. Can I still file a claim?  

Yes, especially if the daycare failed to intervene or ignored known behavioral problems.  

Should I wait to see how bad the injury is?  

No, you should never wait, especially in cases involving children. It’s essential to document everything and speak to our team early, even if you’re still waiting on medical results.  

What if I signed a waiver with the daycare?  

Many waivers don’t hold up in court when negligence is involved. Let our team review it before assuming you have no case.  

Let Us Be Your Voice  

If your child was injured on a daycare playground, you don’t have to face it alone. Filing a claim, dealing with unresponsive providers, and navigating Texas regulations can be frustrating, but we’re here to guide you every step of the way.  

You shouldn’t be ignored. Your child shouldn’t be overlooked. Let Bivona Law be your voice. Contact us today for a free consultation.