Can a Waiver from a Daycare Center Prevent You from Taking Legal Action?
A daycare liability waiver may be written to cover certain basic risks that can come with normal childhood activity. But a waiver does not protect a daycare when a child is hurt because the center failed to follow safety rules, allowed abuse or neglect, or ignored preventable dangers.
Some situations that should not be excused by a daycare liability waiver include:
- Violating Texas daycare safety rules: Licensed daycares in Texas are required to follow the Texas Minimum Standards, which are designed to protect children in care. These rules cover supervision, safe environments, caregiver training, discipline, emergency procedures, and more. When a daycare fails to follow these standards, children can suffer serious injuries such as falls, finger injuries, burns, allergic reactions, or other preventable harm.
- Abuse or inappropriate discipline: A daycare liability waiver does not give caregivers permission to physically, emotionally, verbally, or mentally abuse a child. Daycare centers are responsible for hiring qualified caregivers, completing proper background checks, training staff, and making sure children are treated safely and appropriately. If a child is harmed because a caregiver uses rough handling, threats, humiliation, or inappropriate discipline, that is not the type of harm a waiver should protect.
- Negligent or reckless caregiving: Daycares are responsible for actively supervising children and maintaining a safe environment. When caregivers fail to watch children closely, leave children unattended, ignore dangerous conditions, or fail to respond when a child is in danger, serious injuries can happen. Directors also have a responsibility to monitor staff and make sure caregivers are following safety rules throughout the day. A waiver should not protect a daycare from accountability when poor supervision or unsafe practices cause a child to be hurt.
What Rights Do Parents Have If They Signed a Liability Waiver and Their Child Is Injured at a Daycare Center?
If you’re unsure whether or not your child’s injury would be covered by a daycare center’s liability waiver, we recommend contacting our team of experienced daycare and child injury lawyers by calling 214-699-4409 or emailing us at intake@buttonlawfirm.com for a free case evaluation. Our team can review the daycare’s liability waiver, evaluate what happened to your child, and help you understand whether the daycare may still be responsible for the injury. We can also provide insight into the legal process, whether we can help your family with a case or provide you with the information you need to understand the process.
At The Button Law Firm, we represent kids in daycare and child injury cases to help them get life-changing results and justice against bad daycares, schools, and companies that abuse and neglect the safety of children. We understand that these cases are deeply personal, and families deserve more than a quick explanation or confusing paperwork. Our team is here to listen, investigate what happened, keep you informed, and support your family through every step of the process.
Was Your Child Physically or Emotionally Injured at a Daycare Center in Texas? Contact The Button Law Firm.
If your child was abused or neglected because a daycare center did not comply with the minimum standards, contact our experienced daycare and child injury lawyers at The Button Law Firm. Despite a daycare center liability waiver, our team may be able to help your family. With lawyers in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. 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, email us at intake@buttonlawfirm.com, or fill out a contact form for a free case evaluation.
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