Daycare Negligence Lawyer
Texas daycare negligence representation built to preserve the evidence, test the daycare’s explanation and find out what really happened before a serious child injury gets written off as a normal accident.
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- Help With Daycare Injuries
When the Place Trusted to Watch Your Child Stops Making Sense
Parents know children fall. They get bruises. They trip, climb, bump heads and come home with scrapes.
That is not what this page is about.
This is about the injury no one can explain. The delayed phone call. The vague incident report. The teacher who says one thing and the director who says another. The camera footage that is suddenly unavailable. The child who comes home scared, withdrawn, hurt or acting different. The daycare saying it was “just a fall” when the injury, timeline or behavior says something else.
A daycare does not have to be perfect. It does have to supervise children, keep the facility safe, follow written instructions, report injuries, use trained staff and tell parents the truth when something goes wrong.
Malley Law handles daycare negligence cases across Texas involving poor supervision, unsafe playgrounds, rough handling, failure to report injuries, unsafe facilities, children leaving secured areas, allergy and medication mistakes and transportation failures. These cases often turn on evidence daycares do not hand over easily: video footage, incident reports, sign-in sheets, classroom ratios, staff schedules, app messages, photos, licensing history and internal communications. Free consultation. No fee unless we win.
What to Do Before the Daycare Gets Its Story Straight
- Call Malley Law early. Daycare evidence can disappear fast. Video gets overwritten. Incident reports get revised. Staff stories start matching. Schedules, ratio records, app messages, witness names and classroom records can all matter.
- Save everything. Keep the incident report, enrollment paperwork, parent handbook, app messages, texts, emails, photos, medical records, discharge papers, payment records and anything the daycare sent you. Screenshot the app. Do not assume the platform will keep the full history.
- Write your own timeline. Note drop-off time, pickup time, who was working, when the daycare called, what they said, when you arrived, what your child said later and what you noticed after leaving. The parent timeline often shows where the daycare’s version starts to fall apart.
- Ask for the explanation in writing. If the daycare blames another child, a playground fall, staffing, a substitute teacher, a camera issue, a policy or your child’s behavior, ask them to write it down. Phone calls get softer with time. Written explanations can be tested.
- Do not let an apology close the file. A tuition credit, revised report or “we handled it internally” does not answer what happened. Let Malley Law review the records before the daycare decides the matter is over.
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When “Kids Get Hurt” Is Not an Answer
A normal childhood accident has a normal explanation.
Someone saw it. Someone responded. Someone called the parent. The report makes sense. The injury matches the story. The timeline holds.
Daycare negligence looks different.
Nobody saw the injury. The call came hours later. The report is thin. The center says the video is gone. A teacher will not answer directly. A director takes over the conversation. Your child does not want to go back. The daycare keeps repeating that accidents happen instead of explaining why this one happened.
Maybe the room was understaffed. Maybe no one was watching the playground. Maybe a child with known behavior issues was left too close to other kids. Maybe a gate was unlocked. Maybe allergy instructions were ignored. Maybe a staff member handled a child roughly. Maybe the daycare is hoping your family accepts the first version because the records will not help them.
If the daycare’s explanation only works because you have not seen the file, we can start pulling it apart.
Types of Daycare Negligence Claims
Negligent Supervision
When the adults were not watching closely enough.
Supervision is the job. If your child was hurt because staff were distracted, understaffed, out of ratio, away from the room, on their phones or not paying attention, the daycare should not get to call that a normal accident.
Unsafe Playground Injuries
When playtime became the danger.
Playgrounds need safe equipment, safe surfaces and staff close enough to intervene. If your child was hurt because equipment was unsafe, rough play was ignored, children were mixed improperly or no one was watching, Tony can investigate what the daycare failed to prevent.
Abuse or Rough Handling
When a staff member crossed the line.
Young children may not be able to explain rough handling clearly. They may cry at drop-off, flinch around certain staff, come home with marks, act withdrawn or tell the story in pieces. Unexplained bruises, fear and behavior changes need to be taken seriously.
Failure to Report an Injury
When the daycare waited too long to tell you.
Parents should not learn about a serious injury at pickup, from another parent or only after noticing the mark themselves. If the daycare delayed calling, minimized the injury, changed the explanation or failed to document it correctly, that silence can become part of the case.
Unsafe Facility Conditions
When the daycare itself created the risk.
Broken gates, unlocked doors, exposed hazards, unsafe flooring, unsecured furniture, poor cleaning, dangerous outdoor areas and bad classroom setup can all put children in danger. A daycare should not act surprised when a known hazard hurts a child.
Child Wandering or Leaving the Facility
When a child got out and no one noticed.
A child leaving a classroom, playground, building or daycare property without staff noticing is a major failure. These cases raise immediate questions about headcounts, locks, gates, staff ratios, transitions and whether anyone knew where the child was.
Food, Allergy or Medication Mistakes
When written instructions were ignored.
Parents trust daycares to follow allergy plans, feeding restrictions and medication instructions exactly. If a child was given the wrong food, exposed to an allergen, missed medication or received medicine incorrectly, the daycare’s process needs to be examined.
Unsafe Transportation
When the danger happened during pickup, drop-off or daycare transport.
Daycare transportation requires headcounts, restraints, safe vehicles, proper release procedures and staff who know where every child is supposed to be. If a child was left in a vehicle, released to the wrong person, injured during transport or lost in the pickup shuffle, the records matter fast.
What Families Need to Know About Daycare Negligence
- What is daycare negligence?
Daycare negligence happens when a childcare provider fails to use reasonable care to keep a child safe. That can include poor supervision, unsafe playgrounds, rough handling, unsafe facilities, failure to report injuries, child wandering, transportation mistakes, allergy errors or records that do not match what parents were told. - How do I sue a daycare in Texas?
Start by protecting the evidence. Keep the incident report, enrollment documents, parent handbook, app messages, texts, emails, photos, medical records and any written explanation from the daycare. Then call Malley Law before video is overwritten, reports are revised and staff stories settle into one version. - What are common reasons to sue a daycare?
Common reasons include serious injuries from poor supervision, unsafe playgrounds, abuse or rough handling, failure to report an injury, children leaving secured areas, allergic reactions from ignored instructions, unsafe transportation, understaffing or a daycare changing its explanation after the fact. - What if the daycare says my child just fell?
That may be true, but the daycare should still be able to explain where the fall happened, who saw it, who was supervising, when you were notified and what records support the explanation. “Just fell” is not enough when the injury or timeline does not make sense. - What if the daycare has cameras?
Ask that the footage be preserved immediately. Do not assume the daycare will keep it. Some systems overwrite quickly, and some providers become less helpful once they realize the footage may show poor supervision or a different version of events. - What if my child cannot explain what happened?
That is common, especially with toddlers and young children. The case may depend on medical records, photos, behavior changes, staff statements, incident reports, surveillance footage, witness accounts and whether the daycare’s explanation matches the injury. - What if the daycare blames another child?
Another child being involved does not automatically excuse the daycare. Staff still have a duty to supervise, separate children when needed, respond to known behavior problems and protect children from foreseeable harm. - When should I call a daycare negligence lawyer?
Call as soon as the injury, explanation or timeline feels wrong. If the daycare is vague, defensive, delaying records, refusing video, blaming your child or offering a tuition credit before giving clear answers, early action can help preserve evidence. - What records matter most?
Key records may include incident reports, sign-in and sign-out sheets, staff schedules, classroom ratios, surveillance footage, app messages, parent communications, medical records, photos, licensing history, staff training documents, playground inspection records, transportation logs and internal messages. - What if the daycare says it followed policy?
A policy does not excuse negligence. If the daycare’s policy allowed poor supervision, unsafe staffing, delayed medical care, ignored allergy instructions or weak security, the policy may become part of the problem.
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