When a child is hurt because of someone else’s negligence, parents face a situation no one prepares for. Medical bills stack up fast, your child is in pain, and you’re left wondering who is responsible and what you can do. At Gustin Law Firm, with our principal office in Houston, Texas, we represent injured children and their families across the greater Houston area, including Pearland. Attorney Andres Gustin and the team at Gustin Law Firm have recovered over $50 million for injury victims, and we are here to fight for your child’s future. If your child was hurt in Pearland, near Shadow Creek Ranch, off Highway 288, or anywhere else in Brazoria or Harris County, call us today at (713) 491-4792.<\/p>\n\n\n\n
Children in Pearland face injury risks every single day, from car accidents on State Highway 288 to slips and falls at Centennial Park or injuries at local school playgrounds. Understanding where these accidents happen helps families recognize when negligence may be involved.<\/p>\n\n\n\n
Car accidents are among the most serious threats to children in Texas. In 2023, 1,019 child passengers ages 14 and younger were killed in motor vehicle crashes in the U.S., and motor vehicle injuries are a leading cause of death among children. Locally, Pearland’s rapid growth means more traffic on roads like Broadway Street and Beltway 8, which increases the risk for young passengers. Under Texas Transportation Code Section 545.412, drivers must secure children younger than eight years old in a proper child passenger safety seat system. When a driver ignores that law and a child is injured, that violation can be used as evidence of negligence in a civil claim.<\/p>\n\n\n\n
Premises liability is another major source of child injuries. Grocery stores like those along Pearland Town Center, apartment complexes, swimming pools, and daycare facilities all carry a duty to maintain safe conditions for children who visit. When property owners fail to address hazards, children suffer the consequences. Texas law holds property owners responsible when their negligence causes injury to a child, and that responsibility extends to playground equipment, pool areas, and parking lots where children are present.<\/p>\n\n\n\n
Daycare and school injuries are also far too common. Whether it is a slip and fall during recess at a Pearland ISD school or an injury at a licensed childcare center near Pearland Parkway, these incidents often trace back to inadequate supervision or unsafe facilities. Negligent security at parks or apartment complexes can also expose children to serious harm. No matter where your child was hurt, the core question is the same: did someone’s carelessness cause it?<\/p>\n\n\n\n
Texas has specific legal protections that apply when children are injured. Knowing these laws helps you understand your rights and the strength of a potential claim on your child’s behalf.<\/p>\n\n\n\n
Texas Transportation Code Section 545.412 requires that any child under eight years old, unless taller than four feet, nine inches, be secured in a child passenger safety seat system that meets federal standards set by the National Highway Traffic Safety Administration. Violating this requirement is a misdemeanor offense. In a civil case, a driver’s failure to comply with this statute is powerful evidence that they acted carelessly toward a child passenger.<\/p>\n\n\n\n
Texas Civil Practice and Remedies Code Chapter 139 addresses personal injury to certain persons, including incapacitated individuals, and establishes how structured settlements must be handled when minors recover compensation. This matters because Texas courts take special care to ensure that any settlement involving a child is fair and actually protects the child’s financial interests, not just the interests of the adults involved.<\/p>\n\n\n\n
Texas Civil Practice and Remedies Code Chapter 41 governs damages, including punitive damages. If a defendant acted with malice or gross negligence toward your child, such as a drunk driver who hit your child’s school bus, the court may award exemplary damages on top of actual damages. Under Section 41.005, exemplary damages can also apply when a criminal act is committed by an employee of a business, such as a daycare worker who intentionally harms a child in their care.<\/p>\n\n\n\n
Texas also recognizes wrongful death claims under Civil Practice and Remedies Code Chapter 71 when a child’s injuries are fatal. Under Section 71.002, a person is liable for damages when their wrongful act, neglect, or carelessness causes another person’s death. Surviving parents and siblings may bring a wrongful death action. Separately, a survival claim under Section 71.021 allows the child’s estate to pursue compensation for pain and suffering the child experienced before death.<\/p>\n\n\n\n
When a child is seriously injured in Pearland, the financial impact on a family can be enormous. Medical care for children often extends for years, especially in cases involving traumatic brain injuries, spinal cord damage, burn injuries, or amputations. Texas law allows families to pursue several categories of compensation after a child injury.<\/p>\n\n\n\n
Economic damages cover the concrete, measurable losses a family faces. These include past and future medical expenses, costs of rehabilitation and therapy, home modifications needed for a disabled child, and any future loss of earning capacity the child will experience as an adult. When a child suffers a catastrophic injury, these costs can reach into the millions of dollars over a lifetime. A thorough economic analysis, often performed with the help of medical and financial experts, is critical to building a complete damages picture.<\/p>\n\n\n\n
Non-economic damages address the human cost of the injury. Texas law allows recovery for the child’s physical pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life. Parents may also recover for their own loss of consortium, meaning the loss of the relationship and companionship with their injured child.<\/p>\n\n\n\n
Punitive damages, also called exemplary damages under Texas Civil Practice and Remedies Code Chapter 41, are available in cases where the defendant’s conduct was especially reckless or malicious. A drunk driver who causes a crash near the Pearland Parkway and seriously injures a child, for example, may face punitive damages in addition to compensatory damages.<\/p>\n\n\n\n