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Who’s responsible when a child is hurt at daycare?

HOUSTON – Attorney Drew Bivona known as “The Voice for Kids” — joins Houston Life to help parents understand when an “accident” could be negligence and what steps to take if a child is hurt in childcare.

When an “accident” may be negligence

Kids get hurt playing, but many injuries are preventable when adults follow safety rules. Bivona explains that preventable injuries — those caused by poor supervision, unsafe equipment or ignored safety policies — can be more than mishaps. Parents should ask whether staff followed training, licensing rules and basic supervision before assuming an injury was unavoidable.

Where injuries happen most

Injuries are most common where children spend lots of time: daycares, after-school programs, camps, and playgrounds. Look beyond the bright toys: check staffing levels, how staff handle naps and medication, and whether equipment is age-appropriate.

How to vet a daycare

Before enrolling, verify the center’s license and inspection history (Texas’s searchable database is at https://childcare.hhs.texas.gov/Public/ChildCareSearch). Ask about staff-to-child ratios, training, background checks and written safety procedures — secure entry, safe-sleep policies, cleaning and medication rules. Visit the daycare for a tour - do the children there look content and happy? What about the staff? Ask questions and find out what a day would look like there if your child was enrolled.

Watch for red flags: chronic understaffing, high turnover, poor communication, repeated violations or unsafe equipment.

For more resources: Daycare Accident Lawyer in Houston

What to do if your child is hurt

If your child is injured, get medical care right away and call police if you suspect abuse. Request a written incident report and the names of all the staff members involved and any witnesses. Take photos and video, save messages and enrollment forms, and consult an attorney to understand responsibility and options. Texas has legal deadlines for claims — don’t delay seeking advice.

Free evaluations and accountability

Bivona says holding negligent providers accountable helps keep other children safer. Bivona Law offers free case evaluations. For a confidential review, call 832-662-6948 or visit BivonaLaw.com.