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(832) 219-1621When a child is injured at daycare, the emotional reaction is often immediate. For some, it may be fear others, it may be anger or confusion. However, when it comes to determining what happened, many parents in Conroe struggle to distinguish between an unavoidable accident and something far more serious: daycare negligence.
At Bivona Law Firm, we regularly speak with Conroe-area parents who feel dismissed by daycare staff or unsure of their legal options. The truth is, while some injuries are inevitable during childhood, others occur because the daycare failed to provide the basic standard of care. Knowing the difference is crucial, especially when your child’s well-being is at stake.
It’s common for daycares to label almost every injury as an “accident.” Scraped knees, bumped heads, and minor falls do happen because children are naturally active and curious. But not every incident is as innocent as it sounds. In many Conroe daycare cases, what’s described as an "accident" is the result of negligence, such as:
When a daycare fails to follow the guidelines required under Texas law or fails to act as a reasonable caregiver would, that’s not just an accident, that’s negligence.
Legally, the key difference comes down to duty of care.
In legal terms, a daycare may be considered negligent if:
If these conditions apply, you may have grounds to file a personal injury claim.
Children are not just smaller adults, they require a higher level of care and attention. In the eyes of the law, caregivers must anticipate that young children will act unpredictably and must take reasonable steps to prevent foreseeable harm. In Conroe, this expectation is even higher for licensed daycare providers who are entrusted with child safety for hours each day.
Courts understand that children are more vulnerable, and when a daycare breaches its duty to supervise and protect, the consequences can be severe. That’s why personal injury cases involving children often include claims for future medical expenses, long-term therapy, and emotional trauma.
In many cases, the individual employee responsible for the negligent act may not be the only one liable under the legal concept of vicarious liability. A daycare facility, whether private or part of a larger company, can be held accountable for the actions of its employees.
This means that even if a single teacher or caregiver caused the negligence, the daycare’s ownership or management could still be held liable in a lawsuit for failing to train, supervise, or enforce safety protocols properly.
At Bivona Law Firm, we’re not just attorneys, we’re parents, too. We understand what’s at stake when your child is injured, and we don’t take these cases lightly. Our team will handle all communication with the daycare and their insurance company, investigate whether negligence occurred, and collaborate with child injury experts and life care planners to determine the best course of action. We fight for full compensation, covering medical costs, pain and suffering, and any future needs your child may have. Above all, we are committed to holding negligent daycare providers accountable so that your child and others in Conroe don’t suffer the same harm. Get started today by scheduling your free consultation.
