As a parent, you want to ensure the safety and well-being of your child during the workday. Unfortunately, children can be injured or harmed while in daycare, even at the most highly rated daycare centers, where you expect your little one to be in good hands. If your child is hurt at a daycare center in Texas, it's crucial to understand your parental rights and take appropriate action.
Our Texas daycare injury lawyers delve into how to hold the daycare centers responsible, what the time frame is for legal action, and how to prove daycare negligence if your child experiences a traumatic incident at a daycare center.
Can I Hold the Daycare Center Responsible for My Child’s Injuries?
When your child sustains an injury at a daycare center, it's natural to wonder if you can hold the center accountable for the harm your child experienced. The short answer: yes. In Texas, parents have legal rights and potential avenues through the legal system.
The most common way to hold the daycare facility accountable when a child has been harmed, neglected, or abused while in its care is to file a lawsuit. You can learn more about the types of civil and criminal claims here.
Texas daycare centers are required to follow minimum standards, or daycare safety laws, that are set by the state. Designed to keep children safe, these regulations cover all aspects of childcare, from hiring and training requirements to caregiver-to-child ratios to playground and transportation safety procedures. Often, a child’s injury is the result of daycare centers not following these standards.
Some daycare centers may require you to sign a waiver in order to enroll your child at the facility. Even with these waivers in place, you may still be able to pursue legal action. Contact our knowledgeable Texas daycare injury lawyers for a free consultation by calling us at 214-699-4409 or filling out a contact form, and they can advise you on the best path forward.
How Long Do I Have to Take Legal Action Against the Daycare Center?
In Texas, you have two years from the date of the incident at the daycare center to file a lawsuit. However, it is important to file a claim as soon as possible. Filing quickly can serve as an advantage when gathering evidence and help strengthen your case.
How Can I Prove That the Daycare Center Was Negligent and Caused My Child’s Injuries?
As we shared above, timing is of the essence when seeking to hold a daycare center accountable for a child’s injuries.
The best time to gather evidence that helps prove the daycare’s negligence is immediately after the incident. Gathering evidence includes:
- Taking photographs of your child’s injury
- Seeking immediate medical attention by taking your child to an emergency room, an urgent care center, or your pediatrician’s office to evaluate and document the full extent of your child’s injuries
- Going to the daycare center and obtaining witness statements while memories are fresh
- Requesting an incident report from the daycare center that closely details what occurred
- Documenting and saving any emails or text messages from the daycare center or any of its employees regarding the incident involving your child
- Obtaining any surveillance footage from the classroom where the incident occurred by either recording the footage with your smartphone or requesting a copy of the footage from the daycare center
The more detailed evidence you can gather at the beginning, the stronger your legal case will be. Gathering evidence early enables your family to maximize potential compensation, allows your child to recover as soon as possible, and protects other children from potentially enduring similar trauma.
In addition, reporting the injury or abuse to the Texas Department of Family and Protective Services by calling the Texas Abuse Hotline at 800-252-5400 or submitting a report online at TXAbuseHotline.org enables the state to conduct an independent investigation into the incident involving your child.
Download Our Free Guide
To learn more about what to do after your child has been injured at a Texas daycare center, download our free guide 5 Steps to Take After a Daycare Injury.
Schedule a Free Consultation with Texas Daycare Injury Attorneys at The Button Law Firm
Our team of experienced daycare injury attorneys at The Button Law Firm is dedicated to advocating for you and your family after your child is harmed while in the care of a daycare center and its caregivers. With offices in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help you move forward. Our attorneys at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide your family after a traumatizing incident. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409 or fill out a contact form for a free consultation.