Sending your child to daycare is an act of trust. You rely on caregivers and facilities to supervise your child and keep them healthy and safe from harm. When negligence causes your child to suffer an injury in a daycare setting, the impact on your family can be significant, including physical injuries, emotional distress, and medical bills.
A Houston daycare injury lawyer from Schechter, Shaffer & Harris could help you evaluate your legal options and determine whether negligence contributed to what happened. Our experienced child injury attorneys are ready to support you and help you pursue the compensation your child deserves.
What Causes Daycare Injuries?
Children may suffer harm in many different ways while attending a daycare facility. Proper supervision or a safer environment often may have prevented these injuries, which can include:
- Insufficient staff-to-child supervision
- Broken or unsafe playground equipment
- Exposure to toxic substances or medications
- Unsanitary conditions leading to illness
- Physical abuse or neglect by staff members
- Unsafe sleeping arrangements for infants
State law imposes specific licensing and operational standards on childcare facilities. Under Texas Human Resources Code § 42.042, the Texas Health and Human Services Commission sets minimum requirements for child care centers, including standards for safety, supervision, and staff ratios. When a daycare facility violates these standards and a child suffers harm as a result, an attorney from our Houston office may be able to use those violations as evidence of negligence.
Establishing Liability After a Daycare Accident
To pursue a claim with a Houston child care facility, our lawyers need to show that the facility or a staff member owed your child a duty of care. Further, they need to demonstrate that the facility or staff member breached that duty, and this caused your child’s accident. Child care providers have a legal obligation to supervise the children in their care and maintain a reasonably safe environment.
Some facilities may attempt to rely on enrollment agreements or waivers to limit their responsibility. However, this does not shield them from liability for negligence. Our team at Schechter, Shaffer & Harris could review all documentation carefully to understand how it could affect your family’s claim.
Recoverable damages in these cases may include medical expenses, pain and suffering, and other costs associated with your child’s injuries. In cases involving gross negligence, you may receive additional damages under Texas Civil Practice & Remedies Code § 41.003.
How Long Do You Have to File a Claim?
State law establishes a personal injury lawsuit filing deadline. Under Tex. Civ. Prac. & Rem. Code §16.003, injured parties generally have two years from the date of the injury to file a claim. For cases involving minor children, the statute of limitations extends the filing deadline until they are 18, giving them until they reach 20 to pursue a claim on their own.
Even with this extended deadline, consulting with an attorney promptly is beneficial for Houston families whose child suffered an injury while at daycare. Evidence may disappear, memories fade, and witnesses become harder to locate. Acting quickly puts your family in the strongest possible position.
Contact a Houston Attorney Today for Help with a Daycare Accident Case
Your child’s safety matters, and when a daycare facility or caregiver fails in their duty, you have the right to seek accountability. You need not face this alone. Reach out to our team at Schechter, Shaffer & Harris to speak with a Houston daycare injury lawyer about your situation. We are ready to listen, review your case, and help your family take the next step forward.
