Steps to Take If Your Child Is Injured at School or Daycare

Every day, millions of parents entrust their children to schools and daycare centers, expecting them to be in a safe and supervised environment. But accidents happen—playground falls, classroom mishaps, unsafe facilities, or even negligent supervision can lead to serious injuries.

According to the CDC, nearly 200,000 children under the age of 14 are treated in emergency rooms each year for playground-related injuries alone. While not every injury is the result of negligence, when schools or daycares fail in their duty to protect children, they can and should be held accountable.

If your child has been hurt while in the care of a school or daycare, it’s critical to act quickly. Here’s what you need to do to protect their well-being, ensure accountability, and determine whether legal action is necessary.

Step 1: Stay Calm and Assess Your Child’s Condition

Your first instinct might be panic, but staying calm is essential. Your child needs you to be level-headed, especially if their injury is serious.

• If you’re present at the scene: Check for visible injuries and ask your child to describe their pain level. If they’re in distress or unresponsive, seek immediate medical help.
• If you weren’t there: Ask the staff member who contacted you for specific details about what happened. Insist on:
  • The exact time and location of the incident.
  • Who was supervising at the time.
  • Whether first aid was provided and if medical professionals were called.

Don’t assume the school or daycare staff will make the right judgment—if the injury seems severe, take your child to a doctor immediately. Some conditions, like concussions or internal injuries, may not show symptoms right away.

Step 2: Request an Official Report of the Incident

Schools and daycare centers are required to document injuries that occur on their premises.

• Request a copy of the incident report in writing. Make sure it includes:
  • A detailed explanation of what happened
  • Names of staff and witnesses present.
  • Actions taken after the injury occurred.
• If the report seems vague or incomplete, press for more details.
• Ask if there is security camera footage and request that it be preserved.

Having an official record of the incident can be crucial if there are inconsistencies in the school’s response later on.

Step 3: Document Everything

Keeping meticulous records will help strengthen your case if negligence is involved.

• Take photos of your child’s injuries immediately and throughout the healing process.
• Photograph the accident site if possible (hazardous playground equipment, wet floors, or unsafe classroom setups).
• Keep all communication with the school or daycare, including emails, notes, and text messages.
• Retain all medical records and expenses, including prescriptions, therapy, and follow-up visits.
• Start a daily log documenting your child’s pain, emotional distress, and any mobility issues they experience after the injury.

These records provide critical evidence if you need to file a claim.

Step 4: Determine If Negligence Was Involved

Not every accident is the result of negligence, but schools and daycare centers have a legal duty to provide a safe environment.

Ask yourself:

• Was there proper supervision? (e.g., Was there an adequate number of caregivers per child?)
• Was the environment safe? (e.g., Were there broken playground structures or slippery surfaces?)
• Did the staff follow emergency protocols? (e.g., Did they delay seeking medical help?)
• Were they in compliance with state safety regulations?

Example: If a daycare allows children to climb a broken slide despite previous complaints, and a child falls and fractures their arm, the facility could be liable for negligence.

If negligence may have played a role, it’s time to seek legal guidance.

Step 5: Speak with Witnesses

Other parents, teachers, or even children may have witnessed the injury. Their testimony can provide clarity and support your version of events.

• Ask staff members directly what they saw.
• Reach out to other parents whose children may have been present.
• Request written statements while memories are fresh.

Witnesses can help establish whether the injury was preventable or whether staff provided proper supervision.

Step 6: Report the Incident to the Proper Authorities

If serious negligence is involved, don’t assume the school will hold itself accountable. File a report with:

• The school district or daycare licensing board to investigate violations.
• Child Protective Services if there was reckless endangerment.
• Local law enforcement if there was criminal negligence.

Each state has different reporting requirements, so check with local agencies. Schools and daycare centers are legally required to comply with safety laws, and reporting violations helps prevent future injuries.

Step 7: Consult a Personal Injury Attorney

If the injury was preventable and due to negligence, you may have grounds for legal action.

A personal injury attorney can:

• Investigate whether the school or daycare failed in its duty of care.
• Gather medical and expert testimony to support your claim.
• Negotiate with insurance companies to ensure you receive proper compensation.
• File a lawsuit if necessary to hold the responsible parties accountable.

It’s important to act quickly—state laws limit the time you have to file a claim. A lawyer can help you understand your legal rights and options.

Step 8: Understand What Compensation You May Be Entitled To

If negligence caused your child’s injury, you may be eligible for compensation covering:

• Medical expenses, including hospital visits, physical therapy, and ongoing care.
• Pain and suffering, including emotional distress and anxiety.
• Rehabilitation costs, if the injury requires special treatments.
• Punitive damages, in cases of gross negligence or repeated safety violations.

Some injuries require long-term care, including counseling or special education needs. A legal claim can help secure financial support for these future expenses.

Step 9: Take Action to Prevent Future Incidents

To ensure the same mistake doesn’t happen again:

• Request a formal safety policy review at the school or daycare.
• Advocate for better training, staff accountability, or improved equipment.
• Educate your child on how to report unsafe conditions.

Parents have the power to push for safer environments—not just for their own child, but for all children.

Protecting Your Child’s Rights and Future

When a child is injured at school or daycare, taking immediate action is crucial. Document everything, ask the right questions, and hold responsible parties accountable.

If negligence was involved, Harr Law Firm can help you fight for justice. We have extensive experience handling child injury claims and will work to secure the compensation your child deserves.

Don’t navigate this alone—Contact us for a free consultation. Your child’s safety is worth it.