Your child was hurt at school or daycare: what parents can do

What should I do first if my child was hurt at school or daycare?

1. Get your child seen by a doctor, even if the school says it is minor. Head injuries can show up later. Tell the doctor exactly what you were told happened.
2. Ask the school or daycare for a written incident report the same day, and ask who saw it.
3. Ask in writing that hallway, bus and playground video be saved. Many systems record over footage quickly.
4. Photograph the place, the equipment and your child's injuries over the next days.
5. Write down what your child says, in their words, with the date.
6. If you think it was abuse or neglect, report it. In Texas call 1-800-252-5400 any hour. In Arizona contact the Department of Child Safety or police.
7. Mark your calendar for 180 days from the injury. That is about the shortest deadline you are likely to face.

Does it matter what kind of school or daycare it was?

It matters more than anything else. The type of place decides who pays, which rules apply and how long you have.

Not every injury is someone's fault. Children trip and collide during normal play. A claim usually needs something more: poor supervision, broken equipment, too few staff, a known bully who was ignored, or a dangerous building condition.

Can you sue a public school in Texas for an injury?

Usually not, unless a vehicle is involved. The Texas Tort Claims Act says that, except as to motor vehicles, it does not apply to a school district. That covers injuries arising from the operation or use of a motor-driven vehicle or equipment, such as a school bus crash. A playground fall or a gym injury usually falls outside it. Charter schools get the same protection.

If a claim does qualify, a local government's liability is capped at $100,000 per person and $300,000 per occurrence. We expect that limit to apply to school districts as local government units, but the statute does not name them in that line, so confirm it with a lawyer.

Notice is due within 6 months of the incident. Notice may be excused if the district actually knew of the injury, but do not rely on that. Texas's top court has said being a minor does not stop a time limit unless a law says so, and it applied that to this notice period.

A teacher or other professional employee is generally not personally liable for acts within the job that involve judgment. There is an exception for excessive force in discipline or negligence resulting in bodily injury. Suing that employee requires written notice 90 days before filing. Separate federal civil rights laws may apply in abuse or discrimination cases. Those are beyond this guide, and they have their own deadlines.

How do you make a claim against a school in Arizona?

Arizona allows more of these claims, but the paperwork is strict. A written claim must go to the people authorized to accept it within 180 days. It must include facts and a specific amount for which the claim can be settled. A claim filed late is barred. A lawsuit against a public entity must then be filed within 1 year.

Arizona's Supreme Court has said a school's duty to students covers risks that occur at school or while under the school's control. Injuries on the way home after a child has left the school's control are harder. Arizona also has a specific rule about employee crimes, including sexual offenses against minors, which can change whether the district can be held responsible.

How long do I have to file for my child's injury?

The trap: a parent's own claim, such as for your child's medical bills, may not get the extra time a child gets. Do not plan around your child's 18th birthday. Treat the shortest date in the table as the real one, and talk to a lawyer well before it.

How can I check a daycare's record and insurance?

Texas posts inspection reports online, from unannounced inspections held at least once a year. A violation only appears after the daycare has had a chance to dispute it, so a recent injury may not show right away. Arizona has AZ Care Check, where you can read recent inspection reports, and centers there are inspected at least once a year.

What records should I ask for, and how fast?

Ask for the incident report, staff schedule and child-to-staff count for that day, sign-in sheets, prior reports about the same equipment or child, nurse logs, and any video. Federal law gives parents the right to see school education records within 45 days of a request. Ask early, because the 45 days is a ceiling, and video may be gone long before then.

What can a claim cover, and how much is it worth?

A claim can include medical bills, future treatment, therapy, and pain and suffering. Parents may also claim their own costs. A child's injuries can take years to understand, especially with head injuries, broken growth plates or scars.

Many families wait until doctors can say what the long-term effect will be. In many places a judge has to approve a child's settlement, and money may be held for the child until adulthood.

We cannot give you a typical settlement, and no official source publishes one. Daycare insurance limits set a practical ceiling for many cases, even though a limit is not what a claim is worth.

What mistakes should parents avoid?

• Accepting a verbal story and never getting a written report.
• Waiting to see a doctor because the school called it a bump.
• Assuming a signed waiver ends the claim before a lawyer has read it.
• Counting on a child's 18th birthday and missing the short notice deadline.
• Taking your child out of daycare without first asking for records.
• Discussing fault on a parent group chat or social media.

Questions