When a parent drops a child off at daycare, they trust that their child will be safe, cared for, and protected. When a serious injury happens at a daycare facility due to staff negligence, inadequate supervision, or unsafe conditions, that trust is shattered. Parents have a legal right to hold negligent daycare providers accountable, and taking action quickly is one of the most important steps you can take for your child’s future.
Byrd Davis Alden & Henrichson, LLP has represented families across Austin and central Texas for over 65 years. As Austin’s oldest personal injury law firm, we have built a reputation for taking on difficult cases, recovering fair compensation for injured children and their families, and going to trial when necessary. If your child was harmed at a daycare, we are here to fight for your family.
What Qualifies as a Daycare Injury Case?
Not every accident at a daycare facility gives rise to a legal claim, but many injuries are the result of negligence that should never have happened. Our child injury attorneys understand the difference between an unavoidable incident and one caused by a failure in duty of care.
Common Causes of Daycare Injuries
Daycare facilities in Texas are required to maintain safe environments, maintain appropriate staff-to-child ratios, and conduct proper background checks on all employees. When those obligations are ignored, children get hurt.
Injuries at daycare facilities commonly result from:
- Inadequate supervision: Children left unattended or without proper oversight, leading to falls, choking, or altercations with other children
- Unsafe facilities: Broken equipment, poorly maintained playgrounds, unsecured hazards, or unsafe building conditions
- Staff misconduct or abuse: Employees with criminal histories or inadequate background screening who cause direct harm to children
- Failure to follow safety protocols: Improper handling of medications, failure to respond to medical emergencies, or ignoring known hazards
- Transportation negligence: Injuries that occur on daycare vans or buses due to improperly secured seats or reckless driving
Every case is different, but the legal standard is consistent: daycare facilities have a duty to protect the children in their care, and a failure to do so can mean legal liability.
How Texas Law Protects Injured Children
Texas law holds daycare facilities to a clear legal standard. Because children are among the most vulnerable individuals in a care setting, the law takes failures of supervision and safety seriously. The CDC’s Early Care and Education safety guidelines reinforce that providers have a central role in preventing injuries and keeping children safe from harm.
Under Texas premises liability law, a daycare facility owes its young visitors the highest level of care. When a child is injured due to a dangerous condition on the property, the facility can be held liable. Our attorneys also evaluate whether premises liability principles apply, including cases involving hazardous play areas, broken fencing, or access points that allowed a child to leave the facility unsupervised.
What Damages Can Be Recovered in a Daycare Injury Case?
Serious injuries to children can have lifelong consequences, and the compensation sought should reflect the full scope of those consequences. We work to ensure families are not left shouldering costs that resulted from someone else’s failure.
Understanding What Your Claim May Include
A daycare injury claim can pursue compensation for both immediate and long-term losses. Injuries that lead to hospitalization, surgeries, or ongoing therapy can be catastrophic in nature, and the damages in those situations must be calculated carefully.
Recoverable damages in a daycare injury case may include current and future medical expenses, pain and suffering, emotional distress, long-term rehabilitation or therapy costs, and compensation for any permanent disability or impairment. In cases involving especially reckless or deliberate conduct, courts may also consider punitive damages. Our attorneys analyze every applicable source of recovery, including the facility’s insurance policy and any owner or corporate entity that may share responsibility.
Why Prompt Legal Action Matters
Time is a critical factor in any personal injury case, and daycare injury claims are no different. Evidence such as surveillance footage, staff schedules, incident reports, and inspection records can disappear quickly if not preserved. Texas law also imposes statutes of limitations that restrict how long a family has to file a claim.
If you suspect your child’s injury resulted from negligent security or inadequate supervision, acting sooner rather than later gives our team the best chance to gather evidence, identify every responsible party, and build the strongest possible case on your child’s behalf.
Contact Byrd Davis Alden & Henrichson, LLP After a Daycare Injury
When a child is injured because a daycare facility failed in its duty, parents deserve answers and accountability. Our attorneys, Kevin Henrichson, Robert Alden, Hunter Wallen, and Carson May, bring a combined legacy of over 65 years of personal injury experience to every case we take. With a 98% success rate and more than $100 million recovered for our clients, Byrd Davis Alden & Henrichson, LLP has the track record and the trial-tested ability to stand up for your family when it matters most. We are listed in Super Lawyers, Best Lawyers, and Best Law Firms by U.S. News & World Report, and our clients come to us through reputation and results, not TV commercials or billboards.
We take daycare injury cases on a contingency basis, meaning there are no attorney fees unless we win your case. Learn more about our firm’s history of advocacy for Texas families, and when you are ready to discuss your child’s situation, contact our office to schedule your consultation.