Injured at a Texas Daycare or School? Our Lawyers Act Fast
If your child was hurt at a Texas daycare or school, our team moves quickly to preserve evidence, notify the right agencies, and pursue compensation. We handle claims against private childcare centers, public school districts, and private schools—navigating notice rules, governmental immunity, and insurer tactics.
What To Do Right Away After a Daycare or School Injury
- Prioritize medical care and follow all treatment instructions.
- Report the incident in writing to the daycare or school and request any incident report.
- Preserve evidence: photos/video, clothing, damaged items, and relevant communications.
- Collect names and contact details for staff and witnesses.
- Avoid giving recorded statements to insurers until you speak with a lawyer.
Quick Action Checklist
- Get medical evaluation and keep all discharge papers.
- Send a dated written notice to the facility describing what happened.
- Save photos, video, and any communications or forms.
- List all potential witnesses with contact info.
- Store damaged items in a safe place.
- Consult a Texas attorney before talking to insurers.
Common Causes and Who May Be Liable
Texas child injury cases at daycares and schools often involve inadequate supervision, unsafe play equipment, dangerous premises or maintenance issues, negligent hiring or training, transportation incidents, and—at some facilities—bullying or assault related to inadequate supervision. Potentially responsible parties can include the facility operator, employees, third-party contractors, bus companies, and product manufacturers. Claims against public school districts are subject to governmental immunity and limited statutory waivers; some theories (including intentional torts) may be barred for public entities. See the Texas Tort Claims Act (TTCA) for the scope of any waiver.
Special Rules for Public Schools
Claims against Texas public school districts are governed by the Texas Tort Claims Act (TTCA). The TTCA provides limited waivers of immunity—primarily for injuries arising from the use of a motor-driven vehicle or equipment and for certain premises conditions. See Tex. Civ. Prac. & Rem. Code § 101.021. The Act generally does not waive immunity for claims arising out of intentional torts (such as assault). See § 101.057.
Written notice to the governmental unit is typically required within six months of the incident and must reasonably describe the damage or injury, time and place, and incident. See § 101.101 (with an actual-notice exception). Some Texas municipalities have shorter notice periods established by charter; confirm any local requirements promptly. Statutory damages caps and limits on exemplary damages also apply to governmental units. See § 101.023 (damage caps) and § 101.024 (no exemplary damages against governmental units).
Daycare Regulations That May Apply
Texas childcare operations must comply with minimum standards enforced by the Texas Health and Human Services Commission (Child Care Regulation). These standards address caregiver-to-child ratios, supervision, safety practices, staff training, transportation, and incident reporting. See HHSC’s Minimum Standards: HHSC Minimum Standards for Child-Care Operations. Noncompliance may be relevant evidence of negligence. We obtain licensing histories, inspection records, and compliance files, and work with experts to evaluate whether standards were breached.
How We Preserve Evidence Quickly
We send preservation letters to the facility and relevant third parties, request surveillance footage, incident logs, staffing schedules, and maintenance records, and secure witness statements. For public entities, we prepare and deliver the required governmental notices to the proper office. We also coordinate site inspections and engage child-safety and human-factors experts when needed.
Practical Tips
- Ask in writing that all video for the full day of the incident be preserved.
- Communicate with the facility by email so there is a written record.
- Keep a symptom and treatment journal for your child’s recovery.
- Do not post about the incident on social media while a claim is pending.
Insurance and Compensation
Private daycares and private schools often carry liability insurance. Public school claims proceed, if at all, under the TTCA’s limited waivers. Depending on the facts and law, recoverable damages may include medical expenses, future care, pain and suffering, impairment, and—in appropriate cases against private defendants—exemplary damages. By statute, exemplary damages are not recoverable from governmental units, and damage caps apply to governmental claims. See § 101.023 and § 101.024. For minors, Texas law includes procedures for approving and protecting settlements.
Deadlines and Notice Requirements
Strict deadlines apply to injury claims. For governmental entities, the TTCA typically requires written notice within six months, with some municipalities imposing shorter charter notice periods. See § 101.101. Because requirements can vary based on the entity and facts, consult counsel promptly to avoid missing a deadline.
How Our Texas Team Can Help
We investigate swiftly, handle communications with insurers and governmental entities, and build a case consistent with Texas negligence, premises liability, and immunity law. We keep families informed, obtain the right medical documentation, and pursue full and fair compensation while you focus on your child’s recovery.
FAQs
Who regulates Texas daycares and where can I check a facility’s history?
Texas Health and Human Services (Child Care Regulation) oversees licensing and inspections. You can review minimum standards and provider information at HHSC Child Care Regulation.
Should I report suspected abuse or neglect?
Yes. If you suspect abuse, neglect, or exploitation, make a report immediately. The Texas Abuse Hotline is available at txabusehotline.org or via the 24/7 phone line at 1-800-252-5400.
Do public school claims follow different rules?
Yes. Claims against Texas public school districts are limited by governmental immunity and the Texas Tort Claims Act, including strict notice requirements and damages caps.
What evidence should I gather early?
Photos, videos, medical records, incident reports, witness names, and any communications with the facility. Ask in writing that surveillance footage and relevant logs be preserved.
Free Consultation
If your child was injured at a Texas daycare or school, contact us for a free consultation. We will evaluate the facts, identify responsible parties, protect evidence, and move quickly to meet all notice and filing requirements. Request your free consultation.