Houston Daycare Negligence Lawyer

Houston Personal Injury Lawyers. Power Up.

Free Consultation

Houston Daycare Negligence Lawyer

When you drop your child off at a Houston daycare, you expect them to be safe. You trust the staff to watch over your child, keep the facility clean, and follow the rules. But when a daycare fails to meet that standard, children get hurt. If your child was injured at a daycare in Houston, you have legal rights, and Gustin Law Firm is here to help you use them. Our principal office is in Houston, Texas, and we have recovered over $50 million for injured clients across the state.

Table of Contents

What Is Daycare Negligence Under Texas Law?

Daycare negligence happens when a childcare facility or its staff fails to act with the level of care that a reasonable person would use in the same situation, and a child gets hurt as a result. Daycare negligence occurs when a childcare facility or provider fails to exercise the degree of care a prudent person would use in similar circumstances. All daycares have a legal duty to safeguard the children in their care, and they can be held liable when they breach this duty through careless actions or inaction.

Chapter 42 of the Texas Human Resources Code requires the Health and Human Services Commission to regulate child care and child-placing activities in Texas and to create and enforce minimum standards. Chapter 42 also requires the Texas Department of Family and Protective Services to investigate alleged child abuse and neglect in child-care facilities. These standards are not suggestions. They are legal requirements, and a facility that violates them puts children at serious risk.

Chapter 746 of the Texas Administrative Code sets the Minimum Standards for Child-Care Centers. Those standards cover everything from staff training and background checks to physical safety of the building and playground equipment. When a Houston daycare ignores those rules, and your child suffers a fall, a head injury, a broken bone, a burn, or another serious harm, the facility may be legally responsible for every bit of that damage.

To win a daycare negligence claim in Texas, you must show four things. You must establish that the daycare had a legal duty to provide a safe environment, that it breached that duty through negligence such as inadequate supervision, unsafe conditions, understaffing, or violations of safety regulations, that this negligence directly caused your child’s injury, and that your family suffered measurable losses including medical expenses, pain and suffering, emotional distress, and potential future care costs. A personal injury lawyer at Gustin Law Firm can review your situation and tell you exactly where the daycare fell short.

Common Forms of Daycare Negligence in Houston

Houston is a sprawling city with thousands of licensed childcare facilities, from small home-based operations near Pearland and Sugar Land to large centers in the Galleria area, Midtown, and the Heights. No matter the size or location of the facility, the same rules apply. And the same failures keep showing up in injury cases.

One of the most common examples of negligence in child care is inadequate supervision. Busy daycare centers with high child-to-caregiver ratios often struggle to monitor all children closely at all times. Understaffing and unqualified workers significantly increase the risk of kids getting injured, lost, or abducted. Leaving children unsupervised near swimming pools, roads, or dangerous toys and equipment frequently leads to tragic consequences.

Daycare facilities must maintain a safe, healthy environment for children. Negligent childcare centers often have hazards like unsecured heavy furniture, exposed outlets, accessible cleaning products or medications, and broken playground equipment. Failure to properly sanitize toys, bathrooms, diaper changing stations, and meal prep areas can cause severe illness outbreaks.

Irresponsible daycare centers may hire unqualified workers without conducting thorough background checks. Bringing employees with histories of violence, child abuse, or sexual misconduct into close contact with vulnerable kids represents a serious failure of duty. Failure to properly train and supervise daycare staff also creates significant safety hazards.

Other common failures include daycare transportation injuries where children are not properly secured under Texas Transportation Code Section 545.412, which requires children under eight years old to ride in an approved child passenger safety seat system. Overcrowding, ratio violations, unsafe playground equipment, and premises liability issues are also frequent causes of serious child injuries. If any of these situations apply to your child’s case, contact Gustin Law Firm at (713) 491-4792 for a free consultation.

Texas Laws That Protect Your Child at Daycare

Texas has built a clear legal framework to protect children in licensed care. Understanding these laws helps you see exactly where a negligent facility went wrong, and why that matters to your claim.

The purpose of Chapter 42 of the Texas Human Resources Code is to protect the health, safety, and well-being of the children of the state who reside in child-care facilities by establishing statewide minimum standards for their safety and protection and by regulating the facilities through a licensing program. It is the policy of the state to ensure the protection of all children under care in child-care facilities and to encourage and assist in the improvement of child-care programs.

The Child-Care Licensing Division 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 Houston daycare violates DFPS licensing rules under Chapter 746 of the Texas Administrative Code, that violation is documented and can be used as evidence in a civil negligence claim against the facility.

If a child is seriously hurt or killed at a daycare, Texas Civil Practice and Remedies Code Section 71.002 creates a wrongful death cause of action. Under that statute, a person is liable for damages arising from an injury that causes an individual’s death when the injury was caused by the person’s or their agent’s wrongful act, neglect, carelessness, or unskillfulness. That includes daycare owners and their employees. In tragic instances where a child dies because of daycare negligence, Texas law gives parents two years to file a wrongful death claim. This deadline, found in Texas Civil Practice and Remedies Code Section 16.003(b), starts the two-year clock on the date of the child’s death.

Texas also protects children under premises liability law. Under Texas Civil Practice and Remedies Code Chapter 75, landowners and occupants have duties to maintain safe conditions, particularly when children are present. A Houston daycare injury lawyer at Gustin Law Firm can identify every applicable law and build a case that holds the right parties accountable.

What Compensation Can You Recover After a Daycare Injury?

When a daycare injures your child, the financial and emotional toll can be enormous. Medical bills pile up fast. You may miss work to care for your child. And your child may face long-term consequences that affect their development for years to come. Texas law allows families to pursue full compensation for all of these losses.

Economic damages in a daycare injury claim typically include current and future medical costs, therapy and rehabilitation expenses, and any lost wages for parents who had to miss work. Depending on the nature of your child’s injuries, you may also be able to sue for non-economic compensation on your child’s behalf. As minors cannot handle their own finances, all settlements are subject to court approval under Texas law. A judge at the Harris County District Courts will review the terms of any settlement to make sure it serves your child’s best interests.

Non-economic damages can include pain and suffering, emotional distress, and loss of enjoyment of life. For children with serious injuries such as traumatic brain injuries, broken bones, severe burns, or choking-related harm, these damages can be substantial. For special needs children or nonverbal children who cannot communicate their pain, the damages can be even harder to quantify but are just as real and just as recoverable.

Gustin Law Firm handles daycare injury cases on a contingency fee basis. That means you pay no attorney’s fees unless we recover compensation for you. If we do recover, attorney’s fees and litigation expenses are deducted from the gross recovery amount. We will explain the exact fee structure before you sign anything, so there are no surprises. Call us today at (713) 491-4792 to discuss what your case may be worth.

How Long Do You Have to File a Daycare Negligence Claim in Texas?

Time matters in every personal injury case, and daycare negligence cases are no different. In Texas, the clock starts running the moment your child is hurt, and waiting too long can cost your family the right to recover anything at all.

In Texas, there is a limited amount of time in which a family may file a lawsuit for a daycare accident case. The statute of limitations for personal injury claims in Texas is generally two years from the date of the injury. That two-year window applies to claims filed by parents on behalf of their child for expenses like medical bills and related losses.

In Texas, personal injury lawsuits must normally be filed within two years. However, when a minor is injured, the two-year limit does not apply until he or she reaches the age of 18. This means the child’s own personal injury claim for pain and suffering may be preserved until they turn 20. But waiting that long is rarely a good idea. Critical evidence can disappear. Video footage may be erased, caregivers may move on to other jobs, and memories of what happened can fade. Acting sooner helps protect your child’s case and keeps the door to justice open.

There are also tolling rules that can affect your deadline. Texas laws allow for some exceptions, which pause or extend the statute of limitations. If a daycare center tries to cover up or hide what really happened to cause your child’s injury, the law may give you more time. If your child suffered a daycare injury that was not immediately obvious, such as a brain injury, the clock may start when the harm is discovered.

Do not guess about your deadline. Contact a daycare injury attorney at Gustin Law Firm right away. We serve families throughout Houston and the surrounding areas, and we will tell you exactly where you stand. Call us at (713) 491-4792 for a free case review.

FAQs About Houston Daycare Negligence

What should I do immediately after my child is injured at a Houston daycare?

Get your child medical attention first. Then ask the daycare for a written incident report, take photos of your child’s injuries and any hazardous conditions at the facility, and save all medical records and communications with the daycare. Report the incident to the Texas Department of Family and Protective Services if you suspect abuse or neglect. Then call Gustin Law Firm at (713) 491-4792 to talk with a Houston daycare negligence lawyer before speaking to the facility’s insurance company.

Can I sue a Houston daycare if my child was injured on a field trip or during transportation?

Yes. Texas Transportation Code Section 545.412 requires that children under eight years old be secured in a proper child passenger safety seat system during vehicle travel. If a daycare transports your child and fails to follow this law, or if a driver acts carelessly and your child is hurt, the facility can be held liable. Transportation injuries are a recognized form of daycare negligence under Texas law, and Gustin Law Firm handles these cases.

Does it matter if the daycare had me sign a liability waiver?

A liability waiver does not automatically protect a daycare from a negligence claim. Texas courts look carefully at whether such waivers are enforceable, and in many cases involving child safety, they are not. A waiver cannot legally excuse a facility from responsibility for gross negligence, reckless conduct, or violations of state licensing requirements. Do not assume a waiver signed at enrollment eliminates your legal rights. Talk to Gustin Law Firm to find out what options you have.

What if the daycare is not licensed or has DFPS violations on record?

An unlicensed facility or one with documented DFPS violations is in an even weaker legal position. Under Chapter 42 of the Texas Human Resources Code, no person may operate a child-care facility without a license. Operating without one, or repeatedly violating minimum standards, is strong evidence of negligence. DFPS inspection records are public and can be used in your civil case. Gustin Law Firm knows how to obtain and use these records effectively.

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

Gustin Law Firm handles daycare negligence cases on a contingency fee basis, meaning you pay no attorney’s fees upfront. You only owe attorney’s fees if we recover compensation for you, and those fees along with any litigation expenses are deducted from the gross recovery amount. We will walk you through the full fee structure during your free initial consultation so you understand exactly what to expect. Call us at (713) 491-4792 to get started at no cost to you.

This content was prepared by the attorneys at Gustin Law Firm, with principal offices in Houston, Texas. Attorney advertising. Past results do not guarantee future outcomes.

More Resources About Causes of Daycare Injuries in Houston, Texas

"Charlie Gustin and his team at GUSTIN LAW FIRM were truly exceptional."

Both Mr. Gustin and his assistant, Daisy, were consistently helpful, responsive, and supportive. Charlie went above and beyond to protect our interests, and we are deeply grateful for his dedication. We highly recommend him to anyone in need of an experienced and trustworthy personal injury attorney.

— Francis T.