Houston Daycare Broken Bone Injury Lawyer

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Houston Daycare Broken Bone Injury Lawyer

A broken bone is one of the most painful injuries a child can suffer, and it should never happen because a daycare failed to do its job. Parents in Houston trust these facilities with their most precious responsibility. When that trust is broken, and a child comes home with a fractured arm, a shattered wrist, or a broken leg, the questions come fast. What happened? Who is responsible? What can we do? If your child suffered a broken bone at a Houston daycare, you have legal rights, and Gustin Law Firm, with its principal office in Houston, Texas, is ready to help you use them. Attorney Jed Gustin and the team at Gustin Law Firm have recovered over $50 Million for injured clients across Texas. Call us today at (713) 491-4792 for a free consultation.

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How Broken Bones Happen at Houston Daycares

Children are active, curious, and full of energy. But a broken bone at daycare is rarely just an accident. Most fractures happen because a facility failed to maintain a safe environment or keep proper watch over the children in its care. As a Houston daycare injury lawyer, we see the same patterns repeat. Unsupervised falls from playground equipment are among the most common causes. A child climbs a structure that is broken, too high for their age group, or placed on a hard surface without adequate cushioning, and the fall results in a fractured forearm, collarbone, or leg.

Overcrowded classrooms create chaos. When too many children share a small space without enough staff to watch them, collisions happen. A toddler gets knocked down on a hard tile floor. A preschooler falls from a chair because no one was there to catch the warning signs. Broken bones also happen during rough play that staff fail to stop in time, during unsafe transportation when children are not properly secured, and in facilities where equipment like cribs, high chairs, or changing tables is broken or poorly maintained.

Texas Health and Human Services regulates child-care centers under Chapter 746 of the Texas Minimum Standards, which were revised as recently as December 2025. These Minimum Standards reduce risk for children in out-of-home care settings by outlining basic requirements to protect the health, safety, and well-being of children in care. When a Houston daycare ignores those standards, and a child suffers a fracture as a result, that facility may be legally responsible for the harm it caused. Facilities near busy corridors like the Katy Freeway corridor or in neighborhoods like Meyerland and Spring Branch serve thousands of Houston families, and parents deserve to know when those facilities are cutting corners.

Texas Law and Daycare Liability for Broken Bone Injuries

Texas law gives injured children and their parents a clear path to seek compensation. A daycare facility owes a duty of reasonable care to every child it accepts. When it breaches that duty through negligent supervision, unsafe conditions, staff misconduct, or equipment failures, and a child suffers a broken bone as a result, the facility can be held liable under Texas negligence law. The legal elements are straightforward: duty, breach, causation, and damages. Each element must be proven, and the evidence gathered immediately after the injury matters enormously.

The Child-Care Licensing Division of DFPS is responsible for protecting the health, safety, and well-being of children who attend or reside in regulated child-care facilities and homes. When a daycare violates DFPS standards, that violation can serve as powerful evidence in a civil lawsuit. A DFPS inspection report showing prior violations, inadequate staff ratios, or unsafe playground conditions tells a story that a jury can understand. Texas Civil Practice and Remedies Code Chapter 75 also addresses premises liability, and under Section 75.007(c), a landowner may be liable for injury to a child caused by a highly dangerous artificial condition on the property when the owner knew or should have known that children were likely to be present and failed to exercise reasonable care to eliminate the danger.

Daycare facilities are also businesses, and their employees act on their behalf. If a staff member’s careless action or failure to act caused your child’s fracture, the facility itself can be held responsible under the legal principle of respondeat superior, which holds employers accountable for the acts of their employees within the scope of their work. A broken bone caused by a staff member who left children unsupervised on a playground, or who failed to stop a dangerous situation, falls squarely within that framework. Working with an experienced daycare injury attorney gives your family the best chance of building a case that holds the right parties accountable.

What Compensation Can Your Family Recover?

A broken bone is not just painful in the moment. For young children, fractures can affect bone growth, require surgery, and lead to months of physical therapy. The financial and emotional toll on a family is real, and Texas law allows you to seek compensation for all of it. Recoverable damages in a daycare broken bone injury case typically include past and future medical expenses, costs of surgery and rehabilitation, pain and suffering, emotional distress, and any long-term care costs tied to complications from the injury.

Parents also have their own claim for medical expenses they paid on their child’s behalf. In Texas, medical bills for a minor are generally considered the legal responsibility of the parents until the child turns 18, and these bills form the basis of the parents’ own personal injury claim, which is subject to the standard two-year statute of limitations. That means parents need to act quickly, even if the child’s own claim has more time. Do not wait for the bills to pile up before calling an attorney.

In cases where the daycare’s conduct was particularly reckless, Texas law may allow for exemplary damages, sometimes called punitive damages. These are awarded to punish a defendant for gross negligence and to deter similar behavior in the future. If a facility knew its playground equipment was broken, knew its staff-to-child ratios were dangerously low, and did nothing about it, that pattern of conduct may support an exemplary damages claim. At Gustin Law Firm, our team reviews every aspect of your case to identify all available avenues for recovery. We handle cases on a contingency-fee basis, meaning you pay no attorney’s fees unless we recover for you. However, please be aware that court costs and litigation expenses may be deducted from any gross recovery.

Filing Deadlines and Why You Should Act Now

Time is one of the most important factors in a daycare injury case. Evidence disappears. Witnesses forget details. Surveillance footage gets deleted. The sooner you contact a personal injury lawyer, the stronger your case will be. Texas law sets firm deadlines for filing personal injury claims, and missing them can cost your family the right to any recovery at all.

For most adult personal injury claims, the statute of limitations in Texas is two years from the date of the incident, per Texas Civil Practice and Remedies Code Section 16.003(a). However, when the injured party is a minor, the timeline is different. Under Section 16.001(a)(1) and (b), a person is under a legal disability if they are under 18. The two-year deadline is paused, or “tolled,” for minors until they reach the age of eighteen. A minor who was injured due to another party’s negligence has two years from their eighteenth birthday to file a lawsuit. That means a child injured at age three could technically have until age twenty to file their own claim.

But parents should not use that tolling provision as a reason to delay. Medical bills form the basis of the parents’ own personal injury claim, which is subject to the standard two-year statute of limitations. That clock starts running on the date of the injury. If you miss it, you lose your right to recover the medical costs you paid out of pocket. Beyond the legal deadlines, daycare facilities and their insurance companies begin building their defense immediately. The Harris County Civil Courthouse at 201 Caroline Street is where these cases are ultimately heard, and having a well-prepared case from the start makes a real difference in the outcome.

What to Do After Your Child Suffers a Broken Bone at a Houston Daycare

The steps you take in the hours and days after a daycare broken bone injury can shape the outcome of your legal case. First, get your child the medical care they need. If the injury is serious, go directly to a hospital like Texas Children’s Hospital or Memorial Hermann Medical Center, both of which are well equipped to treat pediatric fractures. Ask for complete medical records documenting the injury, the treatment, and the prognosis.

Second, report the injury to the daycare in writing and request a written incident report. Do not accept verbal explanations. Ask for the names of all staff members who were present. Take photographs of the injury, the location where it happened, and any equipment or conditions that contributed to the fall or impact. If there are other parents or witnesses, get their contact information.

Third, report the incident to Texas DFPS. Child care facilities must report any incidents of abuse, neglect, or serious injuries to DFPS immediately. If the facility failed to report your child’s broken bone, that failure itself is a violation of state regulations and adds to the evidence of negligence. You can also check the facility’s inspection history through the Texas Child Care Search tool, which shows documented violations that DFPS inspectors have found during prior visits.

Finally, contact Gustin Law Firm as soon as possible. Our team will review the facts of your case, gather evidence, consult with medical experts, and build a claim that reflects the full extent of your child’s injuries and your family’s losses. We represent families across Houston, from the Heights and Midtown to Sugar Land, Pearland, and the Clear Lake area. Call us at (713) 491-4792 to get started today.

FAQs About Houston Daycare Broken Bone Injuries

Can I sue a Houston daycare if my child broke a bone while in their care?

Yes, you can file a civil lawsuit against a daycare facility if its negligence caused your child’s broken bone. Texas law holds daycare centers to a duty of reasonable care. If the facility failed to properly supervise children, maintained unsafe equipment, violated DFPS staffing ratio requirements, or allowed dangerous conditions to exist on its premises, it may be liable for your child’s injuries. A broken bone is a serious injury that can require surgery, physical therapy, and long-term monitoring, all of which support a strong damages claim. Contact Gustin Law Firm at (713) 491-4792 to discuss the specific facts of your case.

How long do I have to file a claim for my child’s daycare broken bone injury in Texas?

The deadline depends on who is filing the claim. Under Texas Civil Practice and Remedies Code Section 16.001, the two-year statute of limitations is tolled for minors, meaning the child’s own claim does not begin to run until their eighteenth birthday. However, a parent’s separate claim for medical expenses paid on the child’s behalf follows the standard two-year deadline from the date of the injury. This means parents must act within two years of the incident, even if the child has more time. Acting quickly also preserves critical evidence like surveillance footage, incident reports, and witness accounts.

What if the daycare claims the broken bone was just an accident?

Daycares often try to minimize injuries by calling them unavoidable accidents. But Texas law distinguishes between a true accident and an injury caused by negligence. If the daycare failed to maintain safe equipment, did not follow required staff-to-child ratios under Texas Minimum Standards, or left children unsupervised when the injury occurred, the facility may be legally responsible regardless of how it characterizes the event. DFPS inspection records, incident reports, and eyewitness accounts can all help establish that the injury was preventable and that the daycare’s failure caused it.

What damages can my family recover after a daycare broken bone injury?

Your family may be entitled to recover medical expenses including emergency care, surgery, imaging, casting, and physical therapy. You may also seek compensation for your child’s pain and suffering, emotional distress, and any future medical costs if the fracture affects bone development or requires ongoing treatment. Parents have their own claim for out-of-pocket medical bills they paid on the child’s behalf. In cases involving particularly reckless conduct by the daycare, Texas law may also allow for exemplary damages. Gustin Law Firm handles these cases on a contingency-fee basis, so you pay no attorney’s fees unless we recover for you, though court costs and litigation expenses may be deducted from any gross recovery.

How does Gustin Law Firm handle daycare broken bone injury cases in Houston?

Gustin Law Firm, based in Houston, Texas, reviews the full circumstances of each case, including DFPS inspection records, daycare licensing history, staff records, incident reports, and medical documentation. Attorney Jed Gustin and the team work with medical experts to document the severity of your child’s injuries and the long-term impact on their health and development. The firm has recovered over $50 Million for injured clients across Texas. Every case is handled on a contingency-fee basis, meaning no attorney’s fees are owed unless a recovery is made, though court costs and litigation expenses may be deducted from any gross recovery amount. Call (713) 491-4792 to schedule a free consultation.

More Resources About Specific Types of Daycare Accidents that Can Cause Injuries

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