Selecting a daycare is one of the most critical choices a Frisco parent will make. After spending weeks researching facilities, reading reviews, and visiting buildings to verify your child's safety and nurturing needs, a careless accident can have a devastating emotional impact when a daycare fails to protect its children. When a facility takes shortcuts or ignores safety procedures, we at Bivona Law understand the emotional toll of feeling deceived. We think that no child should suffer as a result of a facility's decision.
It is completely normal to feel offended, guilty, or overwhelmed if your child was hurt at a Frisco daycare center. You are not alone. Texas law provides protections for families and clear pathways to hold negligent childcare providers accountable. At Bivona Law, we are committed to standing up for children who cannot advocate for themselves and holding negligent providers responsible for the harm they cause.
A daycare facility's injury case is not a typical personal injury case because it involves a minor and because there are laws governing the facility itself. In Texas, childcare facilities are required to meet very strict minimum standards, and when they do not, evidence of their negligence may include failure to meet those standards.
It is very common for young children to be unable to explain exactly what happened to them when they sustained their injuries. Therefore, the investigative process of a daycare injury case is extremely important. At Bivona Law, we know how to secure the evidence needed to build a strong case, including surveillance footage, staffing logs, and inspection reports from the Texas Department of Health and Human Services (HHS).
Every licensed daycare facility in Frisco is required to comply with hundreds of regulations set by the Texas Health and Human Services Commission (HHSC). These are known as the Minimum Standards for Child-Care Centers. When a daycare fails to meet these standards, it puts children at risk.
Some of the most critical standards include:
Texas law specifies the number of children that can be supervised by one staff member, depending on the children's ages. The ratio for infants is 1 staff member to 4 infants. The ratio increases for toddlers. When a facility is short-staffed, caregivers may be overwhelmed, leading to less supervision of children, which can result in accidents (for example, falls or choking, etc.)
"Active supervision" is required of caregivers at all times. This implies that people have to be both mentally and physically present. Active supervision is not being provided by a caregiver who is distracted by paperwork, on their phone, or in another room.
Before allowing any employee to interact with children, daycare facilities must perform extensive background checks. Additionally, they must ensure that employees are continually trained in CPR, first aid, and safe sleep techniques. One obvious example of corporate negligence is failing to train employees.
The area around a facility needs to be "child-proofed." This includes securing heavy furniture to walls, blocking electrical outlets, and keeping cleaning supplies or prescription medications in locked cabinets. Shock-absorbing materials must be placed underneath climbing equipment on the playground to prevent traumatic brain injuries during falls.
At Bivona Law, we have seen the devastating results of daycare negligence. We represent families in Frisco dealing with a wide variety of injuries, including:
The most common cause of daycare-related injuries is falls due to an unstable play structure or a caregiver’s mistakes while carrying children, resulting in broken bones that require surgery despite rehabilitation through physical therapy.
Suffocation typically occurs when an infant is placed to sleep in an unsafe crib environment, while choking happens when a child swallows an object that is too large to pass safely. Because babies and toddlers explore the world by putting objects in their mouths, daycare providers must ensure that hazardous items such as pennies, small toys, and balloons are kept out of reach. Childcare facilities must also follow established Safe Sleep guidelines to help prevent Sudden Infant Death Syndrome (SIDS) and accidental suffocation.
Permanent scarring can result from hot bottles, exposed space heaters, or boiling tap water. Strict rules about the availability of heat sources and the temperature of drinks must be in place at daycare centers.
In the most tragic cases, injuries are not accidental. They are the result of intentional harm. This can include physical hitting, forceful restraint, or emotional trauma caused by verbal abuse. We work closely with experts to document the psychological impact these events have on a developing child.
If a daycare administers the wrong medication or an incorrect dosage, the consequences can be life-threatening. In some cases, children have been given unauthorized sedative medications to make them “easier” to manage. This conduct is a serious violation of trust and a clear violation of the law.
Your top priority should be your child's health if you get a call informing you that they were injured at their Frisco daycare. However, your legal case may be greatly impacted by what you do in the hours that follow the incident.
A thorough examination of the facility's activities and history is necessary to build a viable daycare accident claim. When you work with Bivona Law, we take care of the hard work:
The cost of caring for a child who suffers from an injury due to someone else will often be more than overwhelming. We will fight to recover for you all necessary damages, such as:
When a settlement is established for a minor in Texas, the court typically requires the filing of a "Friendly Suit." A Friendly Suit is a unique type of hearing, whereby a Judge will evaluate the terms of the proposed settlement and determine whether or not it meets a standard of fairness. In addition to evaluating the settlement for fairness, the Judge may appoint a Guardian ad Litem to act on behalf of the minor to protect the minor's interests independently of any other conflicting interests that may arise in connection with the settlement. Bivona Law covers every aspect of this process and is dedicated to helping your family navigate the legal procedures associated with settlement negotiations as simply as possible.
While the statute of limitations for adults in Texas is generally two years, the rules for children are more flexible. The child’s personal claim is usually "tolled" until they turn 18. However, your claim as a parent for medical expenses is not always tolled. Waiting to file can also lead to the loss of evidence. It is always in your best interest to consult our Frisco lawyer at Bivona Law, as soon as possible.
The primary goal of Drew Bivona and the Bivona law firm is to provide child advocacy services. We are a small, specialized law firm that cares about each client's needs and will provide your child with the highest level of representation.
Many daycares include "waivers of liability" in their enrollment contracts. In Texas, these waivers are often unenforceable for gross negligence or violations of safety standards. Do not let a signed piece of paper stop you from seeking justice.
Programs run by school districts like Frisco ISD may be protected by "Sovereign Immunity." However, there are exceptions. We can evaluate whether the program is a governmental or private entity and determine the best legal strategy.
Each case is priced according to its unique characteristics. Some cases can settle within a few months; more complex cases, such as serious injury cases, may take years. We will work hard to obtain the highest amount for you so that all of your children's current and potential future needs are met.
The money obtained from the child's settlement is usually kept in either the court's trust account or a structured annuity until the child reaches 18 years of age. The funds are to be used solely for the child's benefit.
The safety of your child is paramount. When a daycare does not ensure the safety of your child, you must hold that daycare accountable. At Bivona Law, we have the expertise, experience, and passion to fight for your family.
We work with families in Frisco and the surrounding areas, including Stonebriar, Phillips Creek Ranch, and Newman Village. Allow us to help you remove the legal stress from your list of things to worry about so you can concentrate on your child getting better and recovering. Contact us through our website for your free, no-obligation consultation.
