Can Parents Still Sue a Daycare Center After They Sign a Liability Waiver?

Can a Waiver from a Daycare Center Prevent You from Taking Legal Action?

As we mentioned above, a liability waiver from a daycare center aims to protect childcare facilities from basic injury and risk. However, these other preventable, common causes of daycare injuries are not covered by the waiver:

• Breaking Texas Daycare Laws: Texas has an expansive rulebook for protecting children. These Texas daycare laws, which are known as minimum standards, are a guide that all licensed daycare centers in Texas must follow in order to keep children safe. They include specific details: For example, daycare centers must ensure that all classroom furniture is secured so none of it falls over and harms children. If a caregiver fails to abide by the minimum standards, they are simultaneously breaking another regulation, that all caregivers know and abide by the state of Texas’ minimum standards. This lack of knowledge or understanding causes a majority of child injuries at daycare centers including falls, finger injuries, burns, and allergic reactions.
• Abuse: Caregivers at daycare centers must undergo a thorough background check, including certification verification, before being entrusted with young children. Unqualified caregivers may be easily overwhelmed by a classroom full of children and be abusive when disciplining little ones or attempting to manage the class. Any time a child is abused, whether it be physically, mentally, or emotionally, it is a violation of the expectations that you as a parent and the state have for daycare centers. This easily preventable type of injury is not covered under the daycare center’s liability waiver.
• Reckless Caregiving: Whenever your child’s daycare center fails to protect your little one from preventable risk, it is negligence. The most common culprit is a lack of supervision over the children in a daycare center employee’s care. If a little one falls off a highchair or changing table and is injured, it is most likely because a caregiver did not notice or intervene in the dangerous behavior. This lack of awareness of the children they’re supposed to be keeping an eye on would be considered negligence. Did you know caregivers must also be supervised? It is the daycare center director’s responsibility to watch over their employees via classroom checks or monitoring surveillance footage at the center to ensure they are following all minimum standards. Directors who fail to do this may be endangering children by missing signs or instances of abuse or neglect by their workers.

What Rights Do Parents Have If They Signed a Liability Waiver and Their Child Is Injured at a Daycare Center?

If you’re confused over whether or not your child’s injury would be covered by a daycare center’s liability waiver, we recommend contacting our team of experienced daycare and child injury lawyers by calling 214-699-4409 or emailing us at [email protected] for a free case evaluation. We can evaluate the daycare center’s liability waiver and have a better understanding of your child’s injury. We can also provide insight into the legal process, whether we can help your family with a case or provide you with the information you need to understand the process.

Our team at The Button Law Firm has a track record of working with families across Texas and the United States to hold unsafe daycare centers accountable for injuring children. There are unique situations involved in child injury cases, and our team of compassionate attorneys is here to be your family’s advocate and keep you informed and supported every step of the way.

Was Your Child Physically or Emotionally Injured at a Daycare Center in Texas? Contact The Button Law Firm.

If your child was physically or emotionally harmed because a daycare center did not comply with daycare safety laws, contact our experienced daycare and child injury lawyers at The Button Law Firm. Despite a daycare center liability waiver, our team may be able to help your family. With lawyers in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409, email us at [email protected], or fill out a contact form for a free case evaluation.