When you kiss your child goodbye at daycare each morning, you do so with a sense of trust. You trust that your child will be safe, cared for, and protected. You trust the teachers and staff to provide the same level of attention and supervision that you would. So when you get that dreaded phone call, the one that starts with “There’s been an incident…”, your world stops.
As a parent, nothing prepares you for the shock of finding out your child has been injured under someone else's watch. And in that emotional whirlwind, one question often lingers in the back of your mind: Was this preventable?
If you’ve found yourself in this situation, you are not alone, and you have rights. This guide will walk you through the most common daycare injuries we see in Baytown, how to tell if negligence played a role, and what steps you can take to hold the daycare accountable.
Kids get hurt, we all know that. A scraped knee from running too fast or a bruised elbow from a clumsy fall is part of growing up. But when injuries are severe, frequent, or preventable, it’s time to dig deeper.
Let’s look at the most common daycare-related injuries in Baytown that may indicate a lack of care, supervision, or safety protocols.
Falls are the number one cause of injury among children in daycare. Whether it’s a jungle gym with no safety padding or an unsecured bookshelf that topples over, many of these falls are the result of poor design or lack of supervision.
In the past, we have seen cases where a child has fallen off a changing table because the caregiver left her unattended "just for a second." But that second resulted in a fractured collarbone and a mountain of medical bills. That is considered negligence.
Small toys, broken items, and inappropriate snacks can all become choking hazards. Toddlers are especially vulnerable, and daycare providers must be vigilant about what's within reach.
While some behavioral outbursts are expected in groups of children, repeated biting or hitting is a red flag. This usually points to either understaffing, poor behavior management, or insufficient attention.
From hot soup served too hastily to exposed electrical outlets, burns can be severe and scarring, both physically and emotionally.
Cleaning products, medications, or even plants can be poisonous if children gain access. Any toxic substance should be locked and stored far from children's reach.
Improper sleeping positions or cribs not meeting safety standards can lead to suffocation or other serious risks, especially in infants under one year old. Safe sleep is non-negotiable, and failing to follow these guidelines can be deadly.
So how do you know when an injury goes beyond “kids being kids”?
You may have a valid claim if:
When your child is hurt, your instincts kick in. Here's how to channel that protective energy into the right actions:
Even if the injury seems minor, always have a medical professional examine your child. Some issues (like concussions or internal injuries) may not show up immediately.
Tip: Create a physical or digital folder to keep everything organized. You may need this documentation if you decide to pursue legal action.
Daycares are usually required by law to file a report anytime a child is injured. Read it carefully. Does it match what your child told you? Are there any discrepancies?
In Texas, you can and should report daycare injuries or suspected negligence to the Texas Health and Human Services Commission (HHSC), Child Care Regulation (CCR). This agency oversees the licensing and regulation of child care operations in the state.
Filing a report helps hold the daycare accountable and may trigger a formal investigation, especially if there are violations of the Texas Minimum Standards for Child Care Centers.
If the injury was caused by negligence, you have legal options. Here’s how the claims process generally works:
Your first and most important step after a daycare injury is to speak with an attorney who understands Texas child injury law in Baytown, and Bivona Law Firm is here to help.
With experience handling daycare negligence and child injury cases across Texas, Bivona Law Firm offers compassionate guidance and aggressive representation to protect your child’s rights and hold negligent parties accountable.
We will help gather evidence, interview witnesses, and consult experts if needed to determine whether negligence occurred.
This could be:
Once your claim is filed and the investigation is complete, the case may move toward settlement or, if necessary, trial.
At this stage, we will bring our full legal skill set to the table, whether negotiating a fair settlement or taking your case before a judge and jury.
If the daycare’s insurance company offers a settlement, we will review the terms carefully, push back against lowball offers, and fight to ensure you receive full and fair compensation.
If a trial is the best path forward, you can trust that our team is fully prepared to advocate in court. Bivona Law builds strong, evidence-backed cases and presents them with clarity, compassion, and conviction.
No matter how complex your case becomes, we are committed to securing the outcome that serves your child’s best interests and gives your family the closure and support it deserves.
Depending on the case, you may be entitled to recover costs for:
When something happens to your child at a daycare in Baytown, it shakes your sense of safety to the core. Taking legal action isn’t just about the money; it’s about standing up for your child and ensuring the daycare is held accountable. Your courage could prevent the next child from getting hurt.
You are your child’s strongest advocate. Don’t let anyone downplay your concerns. If something feels wrong, trust your gut and act.
Bivona Law Firm is here to support you every step of the way with free consultations and experienced legal guidance to help your family seek justice and move forward with confidence.
