More than half of Texas families are made up of single parent or dual-income households who rely on childcare help, per data compiled by the Annie E. Casey Foundation and latest U.S. Census. Thus, Texas parents seek trusted daycare centers to keep their children safe while they work. Unfortunately, not all daycare centers are created equal and the state conducted 4,1,78 investigations into daycare injuries experienced by children younger than 4 years old in 2023 alone, per a March 2024 child safety report.
Texas daycare laws, also known as minimum standards, were created to proactively prevent children from experiencing these serious injuries and keep them safe while under the watch of local centers. These laws cover all aspects of childcare—from maintaining the facility and hiring practices to safe sleep practices and mealtime requirements. However, many daycare centers across the state do not comply with the regulations and take safety shortcuts that endanger little ones because they either do not have the resources or they are focused on increased business profits.
Sadly, our Texas daycare injury lawyers at The Button Law Firm have experienced a spike in inquiries from parents across the Lone Star State about child injuries happening at local centers. That is why our legal team is raising awareness about the negligent daycare practices that injure little ones and the legal options parents can consider if their child is harmed at a Texas daycare center.
What Are the Most Common Incidents that Cause Child Injuries at Texas Daycare Centers?
The five most common incidents of negligence that cause child injuries at daycare centers in Texas, as observed by our daycare injury lawyers are:
- Bottle Warmer Burns: These gadgets are frequently used by daycare centers with nurseries because they can quickly heat a baby’s bottle without boiling the formula. However, the boiling water that heats the formula poses a serious threat to little ones at facilities by causing severe burns. The minimum standards have strict guidelines for how these appliances are to be used and stored to prevent injuries. However, when negligent centers do not properly train workers on these best practices or caregivers ignore the policies, little ones can suffer by experiencing second-degree burns. For example:
- An unsupervised toddler can pull a loose cord on the bottle warmer, causing boiling water or milk to spill on them.
- Improperly stored bottle warmers can tip over because it is not safely secured.
- A bottle warmer left on a surface within reach of a toddler can be easily knocked over and land on the child.
- Children Left in Daycare Vehicles: Intense Texas summers can easily reach into the triple-digits, causing children to experience overheating or heatstroke left in locked daycare vans or buses. In fact, this is the leading non-crash, vehicle-related death for children younger than 15 years old, according to the Texas Department of Health and Human Services. These incidents can quickly turn fatal when negligent caregivers fail to conduct multiple face-to-name checks, looking at all seats to ensure every child, even those who may have fallen asleep during the ride, are accounted for after an excursion in a daycare van and before leaving the vehicle unattended.
- Drugging Incidents: Daycare workers giving children unapproved medications like Benadryl at Texas daycare centers are largely symptomatic of negligent daycare centers exceeding child-to-caregiver ratios in classrooms or hiring unqualified caregivers who have not completed required trainings before being charged with taking care of young children. These overwhelmed caregivers can turn to Benadryl or melatonin to make little ones calmer or sleepy, thus easier to take care of. In some instances, the unqualified caregivers even bring illegal drugs into the daycare center, where toddlers ingest them thinking they are candy or another favorite food. This negligence can lead to little ones being poisoned by the strong drug, experience an allergic reaction, or even suffer a health event like cardiac arrest.
- Sexual Abuse: These crimes against children are horrific and can happen when negligent facilities that are understaffed rush caregivers through the hiring process without completing background checks and other screenings. Sexual abuse at Texas daycare centers can also happen when a daycare’s director or operator does not properly supervise the workers throughout the day to ensure they are complying with the minimum standards, leaving little ones alone with a predatory caregiver.
- Skull Fractures and Brain injuries: Serious head injuries primarily happen when little ones are not properly supervised by vigilant caregivers. Children can fall from changing tables or take a tumble while playing on playground equipment that is not maintained or age-appropriate. Our Texas daycare lawyers have also seen children experience skull fractures and brain injuries when unqualified caregivers intentionally hurt a child by pushing, shoving, kicking them, or using prohibited punishment tactics. Lastly, when negligent daycare centers do not follow manufacturer instructions to properly secure heavy furniture pieces in a classroom, such as a bookcase, locker, or dresser, these pieces can fall on top of children, hitting their heads and causing serious injuries with life-long consequences.
Children in Texas do not have to suffer in these five ways when daycare centers prioritize child safety by complying with the minimum standards. Based on our experience of helping families across the state, our daycare injury lawyers have created this free guide full of tips to help parents find safe childcare for their little ones that utilize safety measures to prevent these serious injuries.
What Can I Do If My Child Experienced a Preventable Injury Because of a Negligent Daycare Center in Texas?
Texas parents have the right to file a lawsuit to hold a negligent daycare center and, if necessary, its caregivers accountable for safety failures that caused a child’s preventable injury. The lawsuit, which must be filed two years from the date of the incident per the statute of limitations, also allows the family to seek compensation for damages.
Damages cover any monetary, physical, emotional, or psychological impacts that resulted from the child’s daycare injury and recovery process. For example, Texas families may be eligible for the following damages in a daycare injury lawsuit:
- Emotional damages such as pain and suffering
- Loss of enjoyment of life after the injury
- Medical expenses to treat a child’s injuries and any long-term care or necessary treatments
- Mental anguish
- Other unexpected out-of-pocket expenses
- Resources to help a child heal and process emotions in a healthy way
A lawsuit can also protect other Texas children from experiencing the same serious injury while in the care of the facility by putting the daycare on notice with state agencies such as the Texas Department of Family and Protective Services and ensuring the incident was properly documented and investigated.
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