Coppell is a community that prides itself on family values and high standards of care. When you drop your child off at any of the many daycare centers located near the Town Center and along Denton Tap Road, you are trusting that facility with the safety and well-being of your child. You expect the daycare center staff to comply with all required safety protocols set by both the state and local governments. Unfortunately, many families throughout North Texas are forced to deal with injuries related to daycare facilities.
At Bivona Law, we understand how devastating a moment of negligence can be for a young child's life. There are certainly some scrapes and scratches that are just a part of growing up, but many daycare injuries could have been avoided altogether. Our guide will discuss the most common daycare injuries in Coppell, the legal standards of care to prevent them, and what you can do if your child has been injured.
Texas has some of the most comprehensive daycare regulations in the country, known as the Minimum Standards for Child-Care Centers (Chapter 746 of the Texas Administrative Code). These rules are designed to protect children from the various hazards found in a group care environment. Despite these strict guidelines, the number of serious injuries in Texas daycares has remained high. According to state reports, hundreds of children suffer serious injuries every year in licensed facilities.
In a fast-growing area like Coppell, daycare centers are often operating at maximum capacity. When a facility is overcrowded or understaffed, the quality of supervision drops and the likelihood of an accident increases. Understanding the common types of injuries can help you identify red flags at your child's facility.
The most common source of minor injuries among children in childcare is falls. Childcare facilities are subject to state regulations that guide how children are kept safe while playing, as children are very active.
Young children are particularly vulnerable to falls while playing indoors, especially when left unattended on elevated surfaces such as changing tables or high chairs. Falls may also occur when a daycare or childcare facility fails to properly secure large items like furniture or televisions to prevent tipping. For example, a toddler pulling on an unsecured shelf or television can cause it to become unbalanced, leading to serious crush or blunt-force injuries.
Playground injuries are frequently more severe than indoor falls. Texas Minimum Standards require that all outdoor play equipment be surrounded by proper impact-absorbing material, such as pea gravel, shredded rubber, or wood chips. If this surfacing is too thin or has become compacted, it will not protect a child who falls from a slide or a swing. Common playground injuries include:
When young children learn their social limits, they may bite and push other children from time to time. When this occurs frequently or results in serious injury to another child, it usually indicates poor supervision by the children's daycare provider.
Daycare providers are trained on how to identify signs that a child may exhibit aggressive behavior. If the number of children in a daycare classroom exceeds the legal child-to-staff ratio, the daycare provider cannot adequately supervise every interaction. A child who has been bitten or attacked numerous times most likely means that the provider either did not adequately supervise the children or did not implement the required behavior management plan. Aside from leaving physical injury, being bitten and/or attacked leads to emotional injury as well, depending on the child who is a victim of aggressive behavior.
Children under the age of five are at a high risk for choking because their airways are small and they often explore the world with their mouths. Daycare centers must be hyper-vigilant about small objects and food safety.
Classrooms must be stocked with age-appropriate toys. If a daycare allows an infant to play in an area meant for older children, the risk of the infant finding a small toy part is significant. Caregivers must also regularly inspect toys for any broken pieces that could pose a choking hazard.
The Texas Health and Human Services Commission (HHSC) has provided detailed guidelines for serving food based on the approximate ages of the children who will eat it. This includes specific size requirements for grapes, raw carrots, and hot dogs, all of which are potential choking hazards for young children. If caregivers do not prepare meals according to these guidelines or allow children to eat unattended, a choking incident could occur very quickly and lead to death within just minutes.
Skin is thinner and more sensitive when a child is young. A burn on a child can be life-changing, and Bivona Law has investigated numerous incidents in which Daycare centers allowed children access to heat sources that should never been accessible.
Coppell summers are notoriously hot, and children are much more susceptible to heatstroke than adults. Daycare centers must follow strict protocols regarding outdoor play and transportation.
Some daycares provide transportation to and from local schools or to and from field trips. Tragically, children are sometimes forgotten inside these vehicles. Texas law requires daycare vans to be equipped with an electronic alarm system that forces the driver to walk to the back of the vehicle to turn it off, ensuring that no child is left behind. If this system is disabled or ignored, a child can suffer fatal heatstroke in a matter of minutes.
Even during supervised outdoor play, caregivers must ensure that children have constant access to water and frequent breaks in the shade. Failing to monitor a child for signs of heat exhaustion is a direct violation of safety standards.
Although most daycare providers are devoted professionals, abuse is still a problem in daycare settings. Abuse can be physical (hitting or shaking), as well as emotional (denying food, isolation in dark rooms).
In Texas, daycare centers cannot use corporal punishment. If you see innocent-looking bruises, finger-like markings, or experience a sudden fear for a caregiver at your child's daycare center, these are often signs of an abusive caregiving environment. Your child may experience abuse because of the caregiver's use of physical punishment in place of appropriate behavior management.
When a daycare center is understaffed or fails to properly train its employees, the risk of serious incidents increases. Many daycare injuries can be traced back to staffing failures, and children often suffer the consequences.
Staffing ratios are not simply administrative guidelines. They are critical safety standards designed to protect children. For example, infants typically require one caregiver for every four children, while toddlers may require one caregiver for every nine to eleven children, depending on age. When these ratios are not followed, caregivers can become overwhelmed and unable to adequately supervise each child. In these situations, dangers such as a child climbing a fence, an infant choking on a toy, or a toddler wandering through an unsecured exit may go unnoticed.
If your child is injured, you have the legal right to seek compensation for the damages your family has suffered. In Texas, child injury cases are unique because they involve two separate claims.
As a parent, you are responsible for your child's medical bills. You have the right to sue the daycare for the "out-of-pocket" costs of the injury, including ER visits, specialized pediatric care, and physical therapy. In most cases, you must file this claim within two years of the date of the injury.
A minor becomes entitled to file their own claim for pain and suffering, physical limitations, and disfigurement when they reach the age of majority (typically 18 years old). Pursuant to law, an injured minor will have had their period of time in which to file a claim "tolled" until they reach 18 years of age. Although claims for pain and suffering can generally be filed at any time prior to their 20th birthday, it is not advisable to wait so long, as evidence, including video recordings of the accident and testimony from witnesses, may no longer exist by that time.
To prove negligence in a daycare case, it is necessary to thoroughly investigate how a daycare facility operates and its history. At Bivona Law, our attorneys and staff begin an in-depth investigation to determine whether negligence occurred in your situation as soon as you hire us.
If you receive a call from your child's daycare regarding an injury, your actions in the first few hours are critical.
As a child advocacy firm, Bivona Law will always fight for your child's right to a safe, caring environment in their daycare center. We will do everything we can to ensure any negligent facility in Coppell or anywhere else in North Texas is held accountable. You can trust our firm to provide compassionate, transparent legal representation so you never feel uninformed about the status of your case.
If your child has been injured in a daycare accident, you do not have to navigate the legal system alone. We handle insurance companies and court filings so you can focus on your child's recovery. We work on a contingency fee basis, meaning you pay nothing unless we win your case.
