Seek Compensation for Your Child’s Daycare Injuries
A Dallas daycare injury, abuse and neglect lawyer can investigate the room, the adults responsible and the records behind your child’s injury. Genthe represents families harmed by negligent day care and child care. We examine supervision, provider history and medical evidence rather than accept general assurances about safety policies.
Jump to the FAQs. Our intake team answers 24/7 and arranges attorney follow-up.
Recent results across our practice
- $2,000,000Car crash — litigation settlement
- $1,750,000Slip & fall — litigation settlement
- $1,000,00018-wheeler — litigation settlement
- $850,000Tractor-trailer — litigation settlement
- $650,000Commercial collision — litigation settlement
- $650,000Trucking accident — litigation settlement
- $550,000On-the-job injury — litigation settlement
Prior results do not guarantee or predict a similar outcome in any future case. Every case is decided on its own facts.
Client Reviews
What our clients say about us
Selected reviews are reproduced as written and attributed to their authors. Individual experiences and past results do not guarantee the outcome of another case.
Rated five out of five stars
“From start to finish Aaron’s team were open and honest about everything, realistic about expectations and extremely patient with any questions or concerns I had. I feel that in the legal field, as a client, it can be easy to feel intimidated or unheard but with the Genthe Law Firm this was never the case.”
Nick V.
Rated five out of five stars
“I was well informed of each step and what to expect. Law suits can often be a lengthy process, Genthe was great about staying in communication of where we were at and expected time lines.”
Allison Sanderson
Rated five out of five stars
“He made sure I had the best specialists that covered every medical issue that I required… They took away my fear and gave me hope.”
Tracy Fortner
Your Attorney
The lawyer who works your case
Meet Aaron Genthe, founder of Genthe Law Firm, who represents injured people in Dallas and throughout Texas.
Founder · Trial Attorney
Aaron Genthe
A Texas A&M graduate who went into personal injury straight out of law school, Aaron spent years as a litigator at one of the larger firms in Dallas — long enough to build a reputation as an aggressive and effective attorney, and long enough to watch how easily a client becomes a file number at a firm that size.
He started Genthe Law Firm so that the person you speak to about your child’s injury is the person who tries it. These are the cases where that matters most: some relevant records have short retention periods, so a review should identify and request them promptly.
- Practicing since
- 2015
- Education
- Texas A&M graduate
- Fee
- Contingency — nothing unless you recover
Daycare Negligence Lawyer in Dallas, TX
In most injury cases the standard of care is argued about afterwards. In this one it was written down, numbered and weighted before your child ever walked through the door.
Licensed Texas child care centers operate under 26 TAC Chapter 746 and HHSC’s published minimum standards. Several hundred standards cover staffing, accessible hazards, hiring and training. Each carries a risk weight: Low, Medium-Low, Medium, Medium-High or High. Child Care Regulation inspects centers and records deficiencies by rule number, even when nobody was hurt. Five years of inspections, deficiencies and corrective actions are publicly available through Search Texas Child Care.
“Parents come in apologizing for making a fuss, and then we pull the center’s file and there it is — the same standard, cited twice, in the eighteen months before their child got hurt.” Aaron Genthe · Founder
A relevant standard helps frame the investigation. A civil claim still requires duty, breach, causation and damages; an unrelated citation is not proof of what injured your child. The operation type and rule version on the incident date matter.
Ratios — §746.1601
Check group size, specified group age, attendance and which adults could count in ratio.
Supervision — §746.1205
Caregivers must know which children they supervise and watch them according to age, needs, activity and surroundings. A numerical ratio alone does not settle supervision.
Hazards — §746.3701
Identify the condition accessible to children. Save photographs and records without entering an unsafe area.
Infant sleep — §746.2427
The rule addresses face-up sleep and documented medical exceptions. Review sleep equipment, care instructions and clinical evidence too.
Where It Goes Wrong
Accidents and Injuries Common at Daycare Facilities
Injury claims from day care can involve these different issues. Each has its own page here, because each is decided by a different set of records and a different rule.
- 01Not enough adults in the roomThe ratio table, and why meeting it is not the same as watching them
- 02The building, the yard and the equipmentOutlets, water, furniture, bottle warmers and the playground rules
- 03Who was allowed in the roomBackground checks, training hours, and negligent hiring and retention
- 04The standards themselvesWhat Chapter 746 is, how deficiencies are weighted, how to read the file
- 05Abuse by someone employed to carePhysical, sexual and emotional — and what to do in the first hour
- 06A child hurt in an after-school programDifferent rules, sometimes a different regulator, often a school district
When It Was Not An Accident
Types of Daycare Abuse and Neglect We Handle
Most of this page is about carelessness. This band is about the other thing, because what to do about it is different, it is urgent, and it does not start with a lawyer.
Physical or sexual abuse
Report suspected abuse and obtain appropriate care. Preserve what the child said in their own words, messages and the identity of staff involved. An employee’s conduct and the center’s hiring, supervision or response require separate review.
Neglect or missing supervision
A child leaving a room, repeated unexplained injuries or a caregiver unable to intervene can raise supervision questions. Identify the room, children’s ages, staff assignment and actual activity.
Hot vehicles, transport and water
A child left in a daycare van, an unsafe pickup or a drowning incident calls for vehicle, attendance, head-count and activity records. Responsibility depends on the people and operation involved.
Choking, allergies and medication errors
Keep the child’s care instructions, allergy plan, medication authorizations and the center’s incident account. These records help identify what staff knew and what happened.
Unsafe sleep and infant care
Record the infant’s age, sleep equipment, position and instructions. Texas center rules include infant sleep-position requirements in §746.2427, with a documented medical-exception process.
Biting, playground falls and fractures
Repeated bites and serious playground injuries can require a review of supervision, staffing, equipment and prior incidents. A bite or fall alone does not establish negligence.
Head injuries and lasting harm
Keep the clinical assessment and follow-up plan for a suspected head injury. Treatment and the child’s later needs help establish the losses rather than relying only on the first incident report.
A child’s wrongful death
A fatal daycare incident can involve family wrongful-death claims and an estate’s survival claim. The investigation, who can bring each claim and the applicable deadlines need prompt attorney review.
Report it before you do anything else
If a child is in immediate danger, call 911. Otherwise the report goes to the Texas Department of Family and Protective Services on 1-800-252-5400, which takes them around the clock, or online.
A medical examination is evidence as well as care
Take the child to be seen, tell the clinician what was said and what was seen, and ask that it be recorded.
What a center is required to have done
Ensure no child is abused, neglected or exploited in its care, and report suspicions to DFPS — both are High-weighted standards binding on every employee, not only on caregivers.
Why a child says nothing
Because they were told not to, because they were told it was a game, because they were told nobody would believe them, or because they do not have the words.
Who Can Be Held Liable for a Daycare Injury in Texas
A claim may involve the caregiver, the licensed operation, the business or owner responsible for care, or another party whose conduct caused the injury. The legal basis matters: an employee’s negligence, negligent hiring or retention, inadequate supervision and an unsafe property condition are different theories.
Abuse by an employee does not automatically make every associated business liable. The evidence may show the center ignored warning signs, failed to make required checks, inadequately supervised staff or failed to respond to reports. The worker who committed abuse may also face a direct claim. A franchise name on a sign does not alone establish who controlled the daycare or the conduct.
Bring enrollment records, the incident account, names supplied by the center and any communications about the child’s care. Genthe can investigate the responsible entities, available insurance and the evidence connecting each alleged failure to the harm.
Daycare Evidence Can Disappear in Ninety Days
A lawsuit deadline and a retention period are different clocks. Some center records have minimum retention periods as short as three months under §746.803. Others run from a child’s last day in care or an employee’s departure. This does not permit destroying evidence relevant to a claim or investigation.
| Record or deadline | What to know |
|---|---|
| Incident report | Under §746.707, parents must receive a copy and be asked to sign within 48 hours. Retention while enrolled and afterward follows the applicable record rules. |
| Sign-in, ratio and daily records | Some records: at least three months. Identify the actual record and starting date under §746.803. |
| Personnel and training files | Some personnel records: three months after the worker leaves; training records have separate requirements under §§746.803 and 746.907. |
| Room video | No universal rule requires keeping it. Confirm cameras, coverage, date and time range promptly; a camera does not guarantee footage. |
| Public deficiency history | Five years, under the correct operation name, address and permit. |
| Legal deadlines | §16.003 generally gives two years for personal injury; §16.001 may pause a child’s limitations during minority. Parent, abuse, public-entity and health-care claims can differ. Ask counsel to calculate each date. |
What to Do After a Child Is Hurt at Daycare
Get care and report danger
Call 911 for emergencies. Seek pediatric assessment, including Children’s Medical Center Dallas or Plano, or Cook Children’s in Fort Worth when appropriate. Tell the clinician what you saw and what the child said. Save findings and follow-up instructions. Do not delay a safety report while gathering legal records.
Keep each version separately
Save the first incident account, later explanations, speaker names and dates. Mark when you last saw the child uninjured and label estimated times. Keep original app messages, attachments, photographs, care and school records; a single cropped screenshot can lose context. A signature acknowledging a form is not proof of every statement.
Connect records to the event
Identify the room, activity, hazard, ages, children present and assigned adults, including where the responsible caregiver was. A center-wide head count does not show who could intervene. Compare attendance and assignments with the incident and medical accounts. Distinguish confirmed facts from missing answers.
Ask about preservation promptly
Request the incident report, attendance, staffing, personnel, training and available footage through appropriate channels. A preservation letter is one possible trigger for duties to retain evidence, not the only one. Save the provider’s inspection history, relevant findings and corrective actions; a finding from another date needs a connection to this injury.
HHSC’s inspection or complaint process and a civil injury claim serve different purposes. A complaint, investigation and substantiated finding are different statuses. You may report to HHSC Child Care Regulation while discussing preservation and legal deadlines with counsel.
Bring what you have. Ask which staffing or hazard rule matters, who may be responsible, which documents remain missing and how continuing treatment affects the claim. You do not need a complete inspection file, confidential personnel records or a final prognosis to inquire. The ratio guide, facility guide and worker guide explain the separate record questions.
Use Search Texas Child Care to locate the operation’s licensing history; match its address and permit before saving the dated records.
Case Value
Compensation in a daycare injury lawsuit
“What is it worth?” is the question everybody means to ask and nobody wants to ask first.
What can be proved with paper
Documented, receipted, and the part a first offer is usually built around. On a child it is also the part most often understated, because the care that costs the most has not happened yet.
Medical treatment already given
Emergency care, surgery, imaging, follow-up, medication, and the share your health insurer will want back at the end.
Care your child will still need
Future surgery, therapy, orthodontics, assistive equipment. Valued over a lifetime rather than to the end of the school year.
Therapy and rehabilitation
Physical, occupational, speech and psychological, including treatment for trauma where that is what the injury is.
Educational cost
Tutoring, private or specialist schooling, and the support a child needs to keep up where a head injury has changed how they learn.
What it costs the household
Time taken off work to care for and transport an injured child, and the adaptations a serious injury requires at home.
What has to be argued
No invoice exists for any of it, and it is routinely the larger half of a child’s claim. It is also what an unrepresented parent is least likely to be offered anything for.
Pain and suffering
Including the treatment itself, which for a young child is often the frightening part rather than the injury.
Disfigurement and scarring
A burn or a laceration on a three-year-old is carried for eighty years, and revision surgery is usually a series rather than one.
Physical impairment
What the child can no longer do — which for a child means things they had not yet learned to do, and now may not.
Mental anguish
Recognized in Texas in its own right, and central where the harm was abuse rather than an accident.
Loss of earning capacity
A permanent injury sustained at four is claimed against a working life that has not begun. It is proved with experts, not with pay stubs.
The Process
How our Dallas daycare injury lawyers work your case
If you have never worked with a lawyer before you may feel overwhelmed, or a little suspicious.
- 01
Free case review
You tell us what happened, what you were told and what you still have. We will tell you plainly whether we think there is a claim here.
- 02
The preservation letter goes out
Naming the incident report, the sign-in and ratio records, the personnel and training files and any footage, so that nothing is “routinely” destroyed after we asked for it.
- 03
We pull the public file, then the private one
Five years of inspections and deficiencies first, because it is open to us today. Then the records the center holds, and the state’s own investigation where one is running.
- 04
We value it over a lifetime, not a year
Future care, future schooling and lost earning capacity valued with experts, every available policy identified, and suit filed if the numbers will not move.
- 05
Your child gets paid, and it is protected
A minor’s recovery is not simply handed over. We go through the settlement line by line and set it up so that it is there when they need it.
Representation built around your case
Get Lawyers Who Fight for Your Child
Dallas daycare injury lawyers should examine the child’s actual room, caregivers and incident records rather than accept a center’s general assurance that its policies were followed.
01 · Individual case strategy
Your Child Gets More Than Routine Paperwork
A quick payment should not replace answers about care and supervision.
Our review connects the activity, staffing account, provider history and medical evidence with the event involving your child. We work from those individual circumstances before assessing responsibility and losses. A routine settlement process can miss the questions a family most needs examined.
02 · Attorney-led representation
Talk With the Lawyer Handling Your Case
Organizing records is support work; evaluating the child’s claim is legal work.
Your lawyer reviews the available incident and licensing material and explains the decisions ahead. Paralegals help assemble and coordinate the file while the attorney remains involved in strategy and advice. You should understand which findings matter to your child’s case and which questions remain open.
Meet the Genthe team
03 · Trial-ready advocacy
We Prepare for Trial to Demand Accountability
Supervision and causation disputes need a coherent evidentiary response.
We develop the incident chronology and supported injury losses so the case can be presented in litigation if needed. Readiness for trial strengthens our negotiating position when a provider or insurer relies on broad policy statements instead of addressing what happened to your child.
We consider how care, school and home records show the effect on your child. Staffing, physical conditions and qualifications require separate questions. Review the written fee terms before choosing representation.
How Much Does It Cost to Hire a Daycare Attorney in Texas?
The first case review is free. Genthe handles accepted injury claims on a contingency fee: the attorney’s fee is a percentage of the recovery under a written agreement. There is no upfront attorney fee. Discuss how case expenses, medical liens and the fee are treated before signing the agreement.
Our intake team collects the initial information and arranges attorney follow-up. You can ask about the scope of representation, who handles legal decisions, what records would help and what happens if the case does not produce a recovery. You do not need a complete HHSC file or a finished medical prognosis before making an inquiry.
Also Handled Here
The neighboring claims this firm litigates most often, including the two that most often begin in a daycare and end somewhere different.
- 01Traumatic Brain InjuryHead injury in a child, including without a loss of consciousness
- 02Slip and FallThe premises claim brought by an adult on the same facts
- 03Dog BitesChildren are the majority of serious bite injuries
- 04Wrongful DeathWhere a child did not survive, and who may bring the claim
- 05Car AccidentsIncluding a child hurt in a daycare van or on the run to a field trip
- 06Construction AccidentsSites adjoining a center, and equipment failures
Daycare Injury Guides and Articles
- What Do You Do if Your Child Was Injured at a Daycare Center?The first week, step by step
- 10 Warning Signs of Day Care NegligenceWhat to look for before it becomes a claim
- Signs of Daycare Abuse and NeglectPhysical, behavioral and emotional
- Texas Daycare Lawsuit Timelines: How Long Your Case Might TakeRealistically, and why
- Five Myths About Daycare Injury LawsuitsThe beliefs that stop parents acting
- Proving Emotional Distress After a Daycare Injury in TexasThe half of the claim with no invoice
- Texas Daycare Licensing ComplaintsHow a complaint is actually handled
- What Are the Most Common Daycare Injuries?And which of them are preventable
- Biting at Daycare: Supervision and Texas RulesRead the daycare injury article
- What to Ask After a Daycare InjuryRead the daycare injury article
- Who Is Responsible for a Child’s Daycare Sunburn?Read the daycare injury article
- Crockett Daycare Lawsuit: Allegations and Family QuestionsRead the daycare injury article
Across North Texas
Daycare Injury Cases Across Dallas–Fort Worth
The rules a center must follow are the same statewide. Where the center sits decides which county hears the case.
We handle daycare injury and abuse cases for families throughout the Metroplex: in Dallas County (Dallas, Garland, Irving, Richardson, Mesquite, Carrollton), Collin County (Plano, Frisco, McKinney, Allen), Denton County (Denton, Lewisville, Flower Mound) and Tarrant County (Fort Worth, Arlington, Grapevine).
A child’s claim can usually be filed in the county where the center operates, so an injury at a Plano center is generally heard in Collin County and one in Arlington in Tarrant County. Our office is on Coit Road in North Dallas, and we meet families wherever is easiest for them.
Texas Daycare Injury FAQ
How long do I have to sue a daycare in Texas?
Texas personal-injury claims generally have a two-year period under CPRC §16.003. Section 16.001 may pause limitations while the injured child is under 18. Parent claims, claims based on abuse and public-entity notice requirements may follow different rules. Do not assume every claim lasts until age 20. Ask a lawyer to calculate each deadline promptly.
The daycare says it was just an accident. Is that the end of it?
No. Review attendance, supervision, hazards, training and medical evidence. A violation must connect to the injury; “accident” proves neither side. A clean inspection history does not rule out a case. Keep your observations and medical information separate from the report. Signing receipt is not independent proof of its contents. Save conflicting staff accounts with dates and speaker names rather than merging them into one narrative.
How do I find out whether this has happened there before?
Search Search Texas Child Care for five years of inspections, deficiencies and corrective actions, without an account or request to the center. Match the actual address and permit, not merely a chain name. Save the dated record and distinguish an allegation or investigation from a substantiated deficiency.
Should I report it to the state, or will that hurt my case?
Report it. Child Care Regulation can investigate, enter and copy records; reporting costs nothing. Its findings may help a claim but do not decide civil liability. You may contact counsel about preservation and deadlines while the state investigation is pending. Medical care, reporting and civil claims have separate purposes.
What if the daycare has no insurance?
Do not assume coverage exists. Current Human Resources Code §42.049 requires $100,000 per occurrence of negligence for licensed or registered operations; the earlier minimum was $300,000. Statutory exceptions address inability to afford or obtain insurance, or exhausted limits, with written notice to parents and the state. Check the incident-date law, policy and notices with counsel.
I signed a waiver when I enrolled my child. Does that stop me?
Do not assume the waiver ends your child’s claim. Texas decisions have rejected parent-signed pre-injury releases of a child’s personal-injury claim in commercial activities. The document, whose claim is asserted, and the circumstances require individual review; bring the agreement to an attorney.
Can I sue if my child was frightened or humiliated but not injured?
Possibly, depending on the legal claim and evidence. Texas does not allow recovery for every instance of distress. Abuse, a recognized legal duty and evidence of serious mental anguish can affect the analysis. A lawyer should review the incident, symptoms and available clinical evidence without promising recovery.
What is a daycare injury case worth?
Nobody honest gives you a figure on the first call. On a child the largest components — future care, future schooling and lost earning capacity — cannot be valued until the treatment is understood, and on a young child that can take time by design.
What does it cost to hire you?
The initial case review is free, and there is no upfront attorney fee. The attorney’s fee is a percentage of recovery under written contingency terms; expenses and medical reimbursement claims are explained before representation.
Can I sue a daycare for negligence in Texas?
Yes, when the evidence supports duty, breach, causation and damages. A licensed daycare’s minimum standards cover ratios, supervision, hazards and hiring. A relevant failure that caused harm may support a claim against the center, owner or employee. A licensing deficiency alone does not establish the case, and an unrelated citation count is not a substitute for proof.
Can I sue if my child keeps getting bitten at daycare?
Sometimes. Biting is common among toddlers, and a single bite is rarely a case on its own. Repeated bites, a bite that breaks the skin or needs treatment, or a center that never told you, can point to a supervision or ratio failure. Ask for every incident report in writing. More in our guide to biting at daycare laws.
How do I report a daycare in Texas, and can I do it anonymously?
For immediate danger, call 911. Report suspected child abuse or neglect to DFPS Statewide Intake at 1-800-252-5400; the Texas Abuse Hotline explains online reporting for nonurgent matters. Texas law no longer permits DFPS to accept anonymous abuse or neglect reports. For a minimum-standards complaint, use Texas HHSC Child Care Regulation; that page directs people seeking an anonymous regulatory complaint to their local CCR office. The two reporting routes are different.
What are the legal child-to-caregiver ratios in Texas?
They depend on the children’s ages, from one caregiver to four infants up to one caregiver to twenty-six school-age children, with separate limits on group size. The full table is on our page on Texas daycare ratios.
Is the daycare responsible if an employee abused my child?
Often, but not automatically. A center can be liable for its own failures — skipping background checks, ignoring warning signs, or leaving one adult alone with children against its own rules. The employee who did it can also be sued directly, and the abuse must be reported to the state.
Do you handle daycare cases outside Dallas?
Yes. We are based in North Dallas and handle daycare injury and abuse cases across Dallas, Collin, Denton and Tarrant counties, including Plano, Frisco, Richardson, Garland, Irving, Arlington and Fort Worth, and elsewhere in Texas when we can help. The minimum standards a center must meet are the same statewide, so the way the case is built does not change with the city.
What should I ask about the room where my child was hurt?
Identify the activity, time, children present and adults assigned. A center-wide staffing total does not establish who was supervising the particular group or whether that adult could respond to the hazard.
How should I preserve app messages from the center?
Save the original messages and attachments with dates, sender and child or room context. A screenshot of one sentence may omit the sequence or identifying details needed to understand the explanation.
What if the injury happened during outdoor play rather than classroom time?
Identify the equipment, surface, group transition and assigned caregivers. The relevant inquiry may involve supervision and physical conditions together rather than applying a classroom head-count rule alone.
Can I request that the daycare retain existing video?
Identify the location, date and time range promptly and keep the request. Whether video exists, is retained or can be obtained requires confirmation; a camera in the building does not guarantee footage of the event.
What can Genthe discuss while the child is still receiving care?
The firm can review incident records, preservation, potential parties and deadlines while treatment continues. Keep changes in symptoms and instructions with the file without waiting for a final prognosis to raise time-sensitive evidence concerns.