Daycare Negligence in Texas | What You Need to Know

When sending your children to daycare, you trust that they will be in good hands. Unfortunately, daycare owners and employees can act negligently, resulting in serious injuries. Read on to learn more about daycare negligence in Texas.

What Constitutes Daycare Negligence?

Unfortunately, there are a number of ways for a daycare accident to occur. The majority of these accidents are caused by negligence, for example:

  • Children being injured on rusty or defective playground equipment
  • Children being fed stale food or unclean water
  • Sharp, hazardous materials within children’s reach
  • Ignoring a child’s food allergies
  • Failing to watch children at all times
  • Failing to screen potential employees who may be unsafe around children
  • Any other factor that the court deems in violation of the reasonable expectation and standard of care

How Can I Pursue Legal Action for Daycare Negligence?

In many cases, a daycare will ask you to sign a waiver that includes a “liability clause.” It is important to know that you do not have to sign this waiver, and even if you signed the waiver, you may still be able to take legal action for negligence in the event that your child is injured. If your child has been injured as a result of daycare negligence, you will have to prove that this negligence occurred. You will also have to prove the following:

  1. The child was enrolled in the daycare and the establishment owed a duty of care to the child
  2. The daycare employer or the staff breached their duty of care through negligent behavior 
  3. The child’s injuries were a direct result of their negligence
  4. The child suffered significant damages due to the accident

How Long do I Have to File a Claim?

If you wish to take legal action, you will have to do so within a certain amount of time. This deadline is known as a statute of limitations. In Texas, the statute of limitations for a personal injury claim is generally two years from the date of the accident. Failing to file within two years will likely mean losing your opportunity to recover the compensation you deserve.

If your child has been a victim of daycare negligence, our firm is here to help. Reach out today to speak with a skilled and dedicated personal injury attorney.


We understand how challenging various legal matters can be, which is why we have dedicated ourselves to helping clients in Texas through a wide array of legal matters, including personal injury law and criminal defense. If you have sustained a serious injury or are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.