What Should I Do if My Child Was Injured at Daycare?

November 11, 2025

Learn More With the Assistance of Our Daycare Injury Attorney

When you drop your child off at daycare, you expect them to be safe, cared for, and supervised. Unfortunately, accidents can happen — and when they do, it’s important to know exactly how to respond. Whether your child suffered a minor scrape or a serious injury, taking the right steps can protect your child’s health and your family’s legal rights.


Seek Immediate Medical Attention


Your first priority should always be your child’s well-being. If the injury is serious or your child appears to be in distress, call 911 or take them to the nearest emergency room. Even for minor injuries, it’s wise to schedule a visit with your pediatrician to ensure there are no underlying issues. Make sure to document all medical visits, diagnoses, and treatment plans — this information can be critical later.


Get a Full Report from the Daycare


Ask the daycare staff for a detailed explanation of what happened. You have the right to know:

  • When and where the injury occurred
  • Who was supervising at the time
  • What actions were taken immediately after the incident
  • Whether any equipment or hazards were involved


Request a written incident report and keep a copy for your records. If the daycare refuses to provide one, make your own notes including names, dates, and conversations.


Document Everything

Evidence is key if you need to pursue a claim later. Take photos of your child’s injuries, the area where the incident occurred, and any relevant hazards (such as broken toys, unsafe play equipment, or wet floors). Also, save all medical records, bills, and communication with the daycare. If other parents or staff witnessed the incident, ask for their contact information in case you need statements later.


Understand Your Rights & Responsibilities

Daycare centers are required by law to provide a safe environment for children. If negligence, poor supervision, or unsafe conditions led to your child’s injury, the daycare could be held legally responsible.

Common causes of daycare injuries include:


  • Inadequate supervision
  • Unsafe playgrounds or toys
  • Improper staff training
  • Failure to follow safety protocols
  • Neglect or abuse


You have the right to hold the daycare accountable if they failed to meet reasonable safety standards.

Consider Speaking with a
Child Injury Attorney


If your child’s injury was serious or you believe the daycare was negligent, consult an experienced daycare injury attorney. They can help you understand your legal options, gather evidence, and pursue compensation for medical expenses, pain and suffering, or other damages.


Keeping this in mind, the team at Gustin Law Firm PLLC is standing by to provide support. If you’re interested in scheduling a preliminary consultation, don’t waste another moment. Simply contact one of our friendly representatives to get started.

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