Houston Daycare Burn Injury Lawyer

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Houston Daycare Burn Injury Lawyer

Every parent who drops their child off at a Houston daycare trusts that facility to keep their child safe. When a burn injury happens, that trust is shattered, and a child is left suffering from pain that can last a lifetime. Burns are among the most traumatic injuries a young child can experience, and they rarely happen without someone making a careless mistake. If your child was burned at a daycare in Houston, whether near the Galleria, in the Heights, or anywhere across Harris County, you need to understand your rights and act quickly. At Gustin Law Firm, with a principal office in Houston, Texas, our team has helped families across the Houston area recover compensation after preventable injuries. Attorney Taly Gustin is responsible for the content on this page. We have recovered over $50 Million for our clients. Call us today at (713) 491-4792 for a free consultation.

Table of Contents

How Burn Injuries Happen at Houston Daycares

Burn injuries at daycares happen in ways that are almost always preventable. Hot liquids are a leading cause. A staff member leaves a cup of coffee on a low table, a pot of water sits too close to the edge of a counter, or a microwave heats a child’s food to a dangerous temperature. Toddlers and infants move fast, and they reach for anything within range. One moment of staff inattention is all it takes.

Electrical burns are another real risk. Under Texas Administrative Code Chapter 746, Section 746.3701, all areas accessible to a child must be free from hazards, including electrical outlets accessible to children younger than five years, which must have childproof covers or safety outlets, and air conditioners, electric fans, and heaters must be mounted out of all children’s reach or have safeguards. When a daycare ignores these rules, a curious toddler can touch an exposed heating element or an uncovered outlet and suffer a serious electrical burn.

Chemical burns can also occur when cleaning products are stored within a child’s reach. Sun exposure burns happen when staff leave children outside on Houston’s notoriously hot summer days without shade or sunscreen, especially in outdoor play areas near facilities along major corridors like Westheimer or FM 1960. Cooking burns happen in facility kitchens when children are allowed near food preparation areas without proper barriers.

The common thread in all of these scenarios is negligence. A daycare has a duty of care to every child in its custody. When staff fail to supervise children properly, fail to maintain safe conditions, or violate the state’s minimum safety standards, they breach that duty. That breach is the foundation of your legal claim. If your child suffered a burn because a facility cut corners, a Houston daycare injury lawyer at Gustin Law Firm can help you pursue the accountability your family deserves.

Texas Laws That Protect Children from Daycare Burn Hazards

Texas law creates a clear framework of protection for children in licensed daycare facilities. Each set of Minimum Standards is based on a particular chapter of the Texas Administrative Code and the corresponding child-care operation permit type. For example, Chapter 746 is the Minimum Standards for Child-Care Centers, and these Minimum Standards mitigate 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 facility violates these standards and a child is burned as a result, the facility can face both regulatory action and civil liability.

Each of the Minimum Standards has been assigned a weight, including high, medium, medium-high, medium-low, or low, based on the risk that a violation of that standard presents to children. Violations involving burn hazards, such as exposed heating elements or unsecured hot liquids, are typically weighted as high-risk violations. A documented violation in a DFPS or HHSC inspection report can be powerful evidence in your civil lawsuit.

Beyond the administrative code, Texas Civil Practice and Remedies Code Chapter 41 allows courts to award exemplary (punitive) damages in cases involving intentional or knowing misconduct. Under Section 41.008(c)(7), the cap on exemplary damages does not apply when the conduct constitutes injury to a child under Texas Penal Code Section 22.04 and was committed knowingly or intentionally. This matters in burn injury cases where staff deliberately ignored known hazards or where abuse is suspected.

Texas also imposes general negligence liability on daycares under common law. A facility that allows a burn hazard to exist, fails to train staff on safety protocols, or ignores prior complaints about dangerous conditions can be held liable for the full extent of your child’s injuries. Working with a daycare injury attorney who understands both the administrative code and civil liability rules gives your family the strongest possible foundation for a claim.

What Compensation Can You Recover After a Daycare Burn Injury in Houston?

Burn injuries are not just painful in the moment. They can require surgeries, skin grafts, physical therapy, and years of psychological treatment. The compensation available to your family reflects that reality. In Texas, a personal injury claim for a child’s burn injury can include both economic and non-economic damages.

Economic damages cover the measurable financial losses your family has suffered. These include past and future medical bills, costs for skin graft procedures and reconstructive surgery, physical and occupational therapy expenses, and any long-term care your child needs because of scarring or nerve damage. If a burn injury leaves lasting impairment, you may also recover compensation for your child’s future diminished earning capacity as an adult.

Non-economic damages cover the human cost of the injury. Texas law allows recovery for physical pain and suffering, mental anguish, disfigurement, and physical impairment. For a child who suffers visible scarring on the face, hands, or arms, the disfigurement component of a claim can be substantial. Children who survive severe burns often develop post-traumatic stress, anxiety, and lasting fear, all of which are compensable under Texas law.

In cases where a daycare’s conduct was especially reckless or deliberate, punitive damages may also be available. Under Texas Civil Practice and Remedies Code Section 41.008(b), exemplary damages can reach up to two times the economic damages plus non-economic damages up to $750,000, depending on the facts of the case. Your attorney can assess whether your case supports a punitive damages claim. At Gustin Law Firm, we handle daycare burn injury cases on a contingency-fee basis, meaning you pay no attorney’s fees unless we recover for you. Please note that court costs and litigation expenses are separate from attorney’s fees and will be discussed with you at the outset of your case.

What to Do After Your Child Suffers a Burn Injury at a Daycare

The steps you take in the hours and days after a daycare burn injury can directly affect your ability to recover compensation. First and most important, get your child medical attention immediately. Even burns that appear minor can be more serious than they look, and a medical record created close in time to the injury is critical evidence in your case. Houston has excellent burn care resources, including the Joseph M. Still Burn Center at Doctors Hospital and the burn unit at Memorial Hermann in the Texas Medical Center.

Document everything. Take photographs of your child’s injuries as soon as possible, and continue documenting the healing process over time. If you can safely photograph the scene at the daycare where the burn occurred, do so. Write down the names of any staff members who were present and note what they told you about how the injury happened.

Report the injury to the Texas Health and Human Services Commission (HHSC) Child Care Regulation department. You can file a complaint by calling 1-800-582-6036. HHSC has the authority to investigate the facility, and any violations they document become part of the public record. You should also ask the daycare for a copy of the incident report they are required to complete.

Preserve all medical records, bills, and communications with the daycare. Do not sign any releases or accept any settlement offers from the facility or its insurance company without first speaking to an attorney. Daycares and their insurers have legal teams working to minimize what they pay. You deserve the same level of representation. Call Gustin Law Firm at (713) 491-4792 before you speak to anyone from the daycare’s insurance company.

Why Houston Families Trust Gustin Law Firm with Daycare Burn Injury Cases

Gustin Law Firm is a Houston-based personal injury law firm that fights for injured children and their families throughout Harris County and the surrounding areas. From the courthouses along Congress Avenue in downtown Houston to communities in Katy, Pearland, and Sugar Land, we represent families who have been failed by the people they trusted to protect their children. Our team has recovered more than $50 Million for clients in personal injury cases, and we bring that same commitment to every daycare burn injury case we handle.

Daycare burn injury cases require a thorough investigation. We gather HHSC and DFPS inspection records, review staff training logs, obtain security camera footage, and consult with burn care and child safety experts. We build cases that hold facilities accountable for every dollar your family is owed. When a facility’s insurance company refuses to offer fair compensation, we are fully prepared to take the case to trial at the Harris County Civil Courthouse.

We understand that your child cannot speak for themselves in the legal process. That is why we do. We treat every client like family, and we communicate clearly throughout the entire process so you always know where your case stands. You should never feel alone in this fight. As a personal injury lawyer team rooted in Houston, we know this community, and we know how to win for the families who live here.

There is no fee to speak with us, and you pay nothing unless we win your case. If your child was burned at a Houston daycare, do not wait. Texas law imposes a two-year statute of limitations on personal injury claims, and evidence can disappear quickly. Call Gustin Law Firm today at (713) 491-4792 and let us fight for your child.

FAQs About Houston Daycare Burn Injury Lawyer

How long do I have to file a burn injury lawsuit against a Houston daycare?

In Texas, the general statute of limitations for a personal injury claim is two years from the date of the injury. For children, the clock typically does not start running until the child turns 18, which means the child has until their 20th birthday to file. However, waiting that long can make it much harder to gather evidence and build a strong case. It is best to contact Gustin Law Firm as soon as possible after the injury occurs so we can preserve evidence and protect your family’s rights from the start.

Can I sue a daycare for my child’s burn injury even if the daycare says it was an accident?

Yes. The fact that a daycare calls an injury an accident does not eliminate its legal responsibility. Texas negligence law holds daycares liable when they fail to maintain safe conditions or properly supervise children, regardless of whether the harm was intentional. If a burn happened because staff were not watching your child, because a hazard was not secured, or because the facility violated Texas Administrative Code Chapter 746 minimum standards, the daycare can be held liable. The word “accident” does not mean no one is at fault.

What if the daycare is not licensed? Can I still file a claim?

Yes. An unlicensed daycare can still be held liable under Texas negligence law. In fact, operating without a license is itself evidence of a failure to meet basic safety standards. Texas law requires all facilities caring for seven or more children to be licensed through HHSC. If the facility was operating illegally, that fact can support a stronger claim against the owner. Gustin Law Firm can help you identify all responsible parties, including the facility owner and any individuals whose negligence caused your child’s burn injury.

What types of burn injuries are most common at daycares?

The most common types of burn injuries at daycares include scalding burns from hot liquids like coffee, soup, or improperly heated food, contact burns from heating equipment or appliances left within a child’s reach, chemical burns from cleaning products that were not properly stored, and sunburns from extended outdoor exposure without adequate shade or protection. Electrical burns can also occur when outlets or electrical equipment are not properly secured. Any of these injuries can be serious, especially in young children whose skin is thinner and more vulnerable than adult skin.

How much does it cost to hire Gustin Law Firm for a daycare burn injury case?

Gustin Law Firm handles daycare burn injury cases on a contingency-fee basis. That means you pay no attorney’s fees unless we recover compensation for your family. You will not receive a bill for our legal work if we do not win your case. Please be aware that court costs and other litigation expenses are separate from attorney’s fees, and we will explain those details clearly during your free initial consultation. There is no financial risk in calling us to discuss your case. Reach us at (713) 491-4792 to get started today.

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

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