What is a Normal Rate of Injuries?

There isn't a universally accepted benchmark for what constitutes a normal rate of injuries in daycare settings. Minor injuries, like scraped knees or small bruises, can be expected occasionally. However, serious injuries caused by “never events” should never happen – meaning if a daycare is following the rules, catastrophic injuries should not be happening. If your child is experiencing more than one injury in a short period, this could also be a red flag.

Examples of Never Events at Daycare Include:

  • Physical Abuse: Any form of hitting, slapping, shaking, or other physical harm inflicted by daycare staff.
  • Neglect: Leaving children unattended or alone, resulting in injury or harm.
  • Sexual Abuse: Any inappropriate or illegal sexual contact or exploitation.
  • Severe Falls: Falls from playground equipment, changing tables, or other heights that result in serious injury.
  • Choking or Suffocation: From unsafe sleep environments, small toys, or food.
  • Burns: From bottle warmers, electrical outlets, or heating equipment.
  • Allergic Reactions: Due to neglecting known allergies or failing to have an action plan.
  • Head Injuries: From falling objects, poorly maintained equipment, or rough play.

Identifying Red Flags of Dangerous Daycares

Several signs may indicate that the frequency of injuries at a daycare is too high:

  • Recurrent Similar Injuries: If your child is repeatedly coming home with similar injuries, such as consistent bruises or scrapes in the same areas, it might suggest a recurring hazard that is not being addressed.
  • Lack of Supervision: Injuries resulting from a lack of supervision, such as children wandering off or getting hurt in areas they shouldn’t be, are concerning. Adequate supervision is crucial to preventing accidents.
  • Severity of Injuries: While minor scrapes and bruises can be common, more severe injuries like broken bones, deep cuts, or head injuries are not. Severe injuries of any kind should prompt immediate concern.
  • Inadequate Explanation: If the daycare staff cannot provide a clear and reasonable explanation for how an injury occurred, it could indicate negligence or a lack of transparency.

Prevention Measures

A high-quality daycare will have stringent safety protocols followed closely to minimize the risk of injuries. These measures can include:

  • Proper Staff Training: Caregivers should be trained in first aid, CPR, and emergency response. They should also be knowledgeable about child development and behavior management to anticipate and prevent accidents.
  • Child-to-Staff Ratio: Adequate child-to-caregiver ratios ensure that each child receives proper supervision and care. Overcrowded facilities increase the likelihood of accidents and directly violate the state’s minimum standards.
  • Safe Environment: The physical environment of the daycare should be childproofed. This includes secure furniture, safe play areas, and the removal of any potential hazards.
  • Regular Inspections: Regular safety inspections of the facility, equipment, and toys help identify and correct potential risks.
  • Clear Policies: The daycare should have clear policies and procedures for handling injuries and emergencies, including promptly and accurately informing parents about any incidents.

Steps to Take if Injuries Occur Frequently

If you notice a pattern of frequent injuries, consider the following steps:

  • Seek Medical Attention: Consult with a pediatrician to assess whether the frequency and nature of the injuries are typical for your child’s age and activity level.
  • Communicate with the Daycare: Speak with the daycare director or staff about your concerns regarding the incident. Get details about the incident to learn what went wrong and what could have helped prevent it.
  • Document Incidents: Keep a detailed record of all injuries your child has sustained, including dates, descriptions, and any explanations provided by the daycare.
  • Consider Alternative Care: If the daycare fails to address your concerns adequately or if injuries continue, finding a safer environment for your child may be necessary.

Legal Action After a Daycare Injury

If you believe that your child’s injuries are due to negligence, abuse, or inadequate care at the daycare, you may have legal options. The Button Law Firm is experienced in handling daycare and child injury cases, helping families move forward after a catastrophic incident involving a child. We can provide guidance on the next steps and assist in holding the responsible parties accountable.

Moving Forward After a Daycare Incident

Injuries at daycare can be a distressing experience for both the child and the parents. While minor incidents can happen with small children, frequent or severe injuries are not normal. By being vigilant and proactive, you can help ensure your child’s daycare is safe and nurturing. If you have concerns about the safety of your child's daycare, don’t hesitate to reach out for professional advice and support.

Contact the Daycare Injury Attorneys at The Button Law Firm

If you have more questions and would like to speak to a team member, contact us. Our team has experience holding negligent daycares accountable after they caused serious injuries to children.

You can reach us by calling (214)699-4409 or filling out a contact form at the bottom of this page. You can also speak to a member of our team by starting a chat. Our team is available 24/7, and we’re always ready to help.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.