Choosing a daycare is one of the most significant decisions a parent in Coppell will ever make. Whether you are dropping your child off near Sandy Lake Road or closer to the Town Center, you are placing your child’s safety, well-being, and care in the hands of professionals you trust to protect them. Parents reasonably expect these facilities to comply with the stringent safety regulations set by the State of Texas. When that trust is violated and an accident occurs, the emotional and financial consequences for a family can be severe.
At Bivona Law, we recognize that a childcare accident is a family issue rather than merely a legal matter. The insurance firms that safeguard these institutions are often aggressive in their efforts to reduce compensation, and Texas daycare regulations are complex. For this reason, having our committed Coppell daycare attorney is crucial to safeguarding your child's future and ensuring they receive the treatment they need to heal.
The Texas Health and Human Services Commission (HHSC) regulates Texas daycare. There is a large set of rules established and published by the State of Texas called "Minimum Standards". These rules cover everything from playground fence heights to child-to-staff ratios for each age group.
Most licensed daycare facilities in Coppell follow Chapter 746 of the Texas Administrative Code, which is a regulation established by the State of Texas. The regulations are not merely suggestions; they are laws intended to help prevent the types of accidents that cause serious injury. If a daycare facility does not comply with the Minimum Standards, it is usually classified as "negligence per se", which means the violation of the law itself acts as proof of negligence.
One of the most frequent violations we see involves improper ratios. For instance, the chance of a choking incident or a tumble increases dramatically if a room full of toddlers is left with only one caregiver when the law requires two. In order to demonstrate that the facility was understaffed at the time of your child's accident, a lawyer specializes in evaluating these ratios using daily logs and sign-in sheets.
The overwhelming majority of injuries in childcare centers result from the system that provides the service failing. Some of these types of incidents may be truly accidental. However, the research we conduct often demonstrates patterns of neglect that go beyond the child to include neglect by the parents.
Children need regular, watchful supervision, especially those under five. When staff members are distracted by personal phones, chatting with other employees, or managing too many children at once, accidents happen in seconds. This can lead to:
Many Coppell daycares boast beautiful outdoor play areas. However, if the playground surfacing is not deep enough to cushion a fall, or if equipment is rusted or broken, a minor tumble can become a traumatic brain injury. We are looking for "crushing points" and "entrapment hazards" that do not comply with CPSC guidelines.
According to Texas law, caregivers must complete at least 24 hours of training each year. Caregiver training includes learning to perform CPR, administer first aid, and prevent SIDS. If a staff member is not trained to recognize the signs of a concussion or a severe allergic reaction, their delay in seeking medical help can make an injury significantly worse.
If your child is injured, the daycare may offer you a brief incident report that provides very little detail. "Your child fell" is a common phrase daycare providers use to explain an incident to parents. However, daycare providers frequently do not offer any explanation as to how your child fell, who was supervising your child at the time, etc. That's where a lawyer's ability to investigate the facts comes into play.
Most modern daycare centers in Coppell use cameras to monitor classrooms. However, this footage is often overwritten within days or weeks. Bivona Law acts immediately to send a "spoliation letter," a legal notice that requires the facility to preserve video evidence. Without this letter, the most critical proof of your child’s accident could disappear forever.
HHSC conducts unannounced investigations and investigates formal complaints against a daycare or group home. To determine whether a daycare or group home has a history of a 'weighted' violation, HHSC reviews all public and nonpublic records of the daycare or group home. For instance, evidence of a pattern of careless behavior could bolster your case if a daycare center receives three notifications of supervision violations in the previous 12 months.
Did the daycare or group home do the appropriate criminal background check? In Texas, child care centers need to check each of their employees against the Central Registry of Child Abuse and Neglect. If the individual who harmed your child had a documented history of violent behavior, and the daycare or group home chose to ignore that information, that daycare would be considered to be guilty of negligent hiring.
Compensation in a daycare accident case is not just about the immediate hospital bill. Because children are still developing, an injury today can have repercussions for decades. We fight for several types of damages:
In Texas, a minor cannot legally sign a settlement agreement. To protect the child, the court requires a process known as a Friendly Suit. This is a short hearing in which a judge reviews the settlement to ensure it is in the child's best interests.
During this process, the court will often appoint a Guardian ad Litem. This is a neutral attorney who reviews the medical records and the settlement amount. Having a lawyer on your side who understands how to work with the Guardian ad Litem ensures that the settlement is approved quickly and that the funds are placed in a protected account, such as the Registry of the Court or a structured annuity, for your child to access at age 18.
While the statute of limitations for personal injury in Texas is generally two years, there are specific local rules that can trap unwary parents. If your child was injured at a facility operated by a government entity (such as a city-run after-school program), the Coppell City Charter may require you to file a formal "Notice of Claim" much sooner.
According to Section 11.09 of the Coppell City Charter, the city cannot be held accountable for damages unless it is notified in writing within a specified period, usually 90 days. You may completely lose your ability to sue a government agency if you miss this administrative deadline. To ensure all notification obligations are fulfilled, a local attorney will promptly determine who owns the facility.
At Bivona Law, we think every child in Coppell should have a safe place to live, learn, and play. We don't just see a case number, we see an entire family in distress and a child whose future hangs in the balance.
A daycare mishap might have long-lasting effects. Your child deserves a champion who will fight for the resources they need to heal, regardless of whether it is a physical scar or the psychological trauma of being abandoned. We at Bivona Law have the know-how and the drive to hold careless establishments responsible.
We are ready to listen to your story and help you determine the best path forward for your family. Don't let a daycare's mistake define your child's future.
