Do Daycare Waivers Prevent You from Suing for Injuries in Fort Worth, Texas?

When you enroll your child in a daycare in Fort Worth, Texas, you may be asked to sign a waiver or release form. These documents often claim to limit the daycare’s liability if your child is injured. But do these waivers prevent you from suing for injuries caused by negligence? At Bivona Law, our experienced daycare injury attorneys are here to clarify your legal rights and help you pursue justice if your child has been harmed due to daycare negligence. 

Understanding Daycare Waivers in Texas 

Daycare waivers are contracts that release the facility from liability for specific injuries or incidents. These waiver contracts could include wording that indicates you can't sue the daycare if your child is injured, even if it's negligence. However, in Texas, these waivers have no absolute enforceability and will hinge on specific facts. Familiarizing yourself with the restrictions of these waivers is important in order to preserve your child's rights.  

Can a Daycare Waiver Stop You from Suing? 

You can still file a lawsuit in Texas even if you have a childcare waiver, especially if you are a victim of negligence or extreme carelessness. Key factors to think about are: 

Waivers Cannot Protect Against Gross Negligence 

Under Texas law, waivers cannot shield a daycare from liability for gross negligence involving reckless or intentional disregard for your child’s safety. For example, if a daycare fails to supervise children, which leads to a serious injury, a waiver may not hold up in court. 

Waivers Must Be Clear and Specific 

For a waiver to be enforceable, it must clearly state the risks and liabilities being waived. A Texas court may deem vague or overly broad waivers invalid. The waiver must also be signed willingly and fully knowing the terms of Texas contract law.  

Public Policy Considerations 

Texas courts may invalidate waivers that violate public policy, especially when they involve the safety of children. The Texas Health and Human Services Commission regulates daycare centers and requires them to adhere to strict safety standards. A waiver cannot prevent a daycare from meeting these legal obligations. 

Parental Rights to Sue on Behalf of a Child 

In Texas, parents have the right to file a personal injury lawsuit on behalf of their minor child. A waiver signed by a parent does not automatically waive the child’s legal rights to seek compensation for injuries caused by negligence. 

Given the complexity of these issues, consulting a Fort Worth daycare injury lawyer is essential to determine whether a waiver is enforceable in your case. Bivona Law can review the waiver and investigate the circumstances of your child’s injury to build a strong case. 

Common Scenarios Where Waivers May Not Apply 

• Daycare waivers are less likely to prevent lawsuits in cases involving: 

• Inadequate Supervision: Failure to maintain proper child-to-staff ratios, as required by the Texas Minimum Standards for Childcare Childcare Centers, can lead to preventable injuries. 

• Unsafe Facilities: Hazards like broken playground equipment or unsanitary conditions can result in injuries that a waiver cannot excuse. 

• Negligent Hiring: Employing unqualified or improperly vetted staff can lead to incidents that fall outside the scope of a waiver. 

• Failure to Report Injuries: Texas law requires daycares to report serious injuries to the Texas Department of Family and Protective Services (DFPS). Failing to do so may invalidate a waiver. 

What to Do if Your Child Was Injured at a Daycare 

If your child was hurt at a Forth Worth daycare center, take the following steps to protect your legal rights:  

• Request the incident report: Get a copy of the daycare's incident report, which should outline the details of the injury. 

• Seek Medical Attention: Have your child checked out by a healthcare professional to document the injury and treat them.  

• Preserve Evidence: Keep copies of the waiver, communications with the daycare, and any photos of the injury or incident scene. 

• Contact an Attorney: Consult a Fort Worth daycare injury attorney to review the waiver and assess your case. Bivona Law can help determine if the waiver is enforceable and guide you through the legal process. 

Report to Authorities: If you suspect negligence, report the incident to the Texas DFPS via the Texas Abuse Hotline at 1-800-252-5400 or online at TXAbuseHotline.org. 

Your Legal Rights in Texas 

In Texas, the statute of limitations for filing a personal injury lawsuit on behalf of your child is generally two years from the date of the injury, though exceptions may apply. You may be entitled to reimbursement for medical expenses, pain and suffering, emotional distress, and future care costs. At Bivona Law, we work on a contingency fee system, so you do not have to pay anything unless we win your case. Our team is dedicated to making responsible daycare facilities pay and reclaim the justice that your family deserves.  

Why Choose Bivona Law? 

At Bivona Law, we provide straightforward, compassionate, and aggressive legal representation for families in Fort Worth, Houston, San Antonio, Dallas, and Austin. Our experienced daycare injury attorneys understand the complexities of Texas law. They will fight to overcome any obstacles, including daycare waivers, to secure the compensation you deserve. Our motto is clear: No runaround. No dodging calls. No legal mumbo jumbo. Just hard work for your family’s justice. 

Contact us today for a free, no-obligation consultation. Call 713-999-3336 or fill out our online contact form to get started. 

Don’t Let a Waiver Stop You from Seeking Justice 

If your child was injured at a daycare in Fort Worth, Texas, a waiver does not automatically prevent you from pursuing a lawsuit. The skilled lawyers at Bivona Law can analyze your case, dispute the waiver's enforceability, and work to defend your child's rights. Take action to secure the future of your family.