How to Preserve the Facility Records
The records that show what happened — incident reports, staffing and ratio records, and any footage — are controlled by the facility and can be lost. This checklist helps; your lawyer can take on most of it.
Request the incident report in writing
Ask for the written incident report and keep your request. It documents the facility's account and the date.
Note the staffing and children present
Record how many staff and children were there if you can learn it, which matters for a supervision or ratio question.
Keep all communications
Save emails, texts, and notes from the facility, which can reveal what it knew and said.
Ask about camera footage
Many facilities have cameras, and footage can be overwritten quickly. Note that it exists so it can be preserved.
Get a lawyer to demand preservation
A lawyer can quickly demand the incident, staffing, and licensing records and any footage be preserved — before they are lost.
The deadlines and rules depend on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to daycare school injuries.
Not sure where you stand?
A quick, confidential review can tell you — about two minutes, no cost, no obligation.
This is general information, not legal advice. Every situation is different, and the law differs by state.