Austin Daycare Injury Lawyer

You trust a daycare with the most important thing in your life. When that trust is broken — a child left unsupervised, an injury on unsafe playground equipment, an incident that never should have happened — it’s devastating, and it’s fair to want answers. An experienced Austin attorney can help you understand whether the facility failed to meet the standards it’s legally required to meet, and what that means for your family’s claim.

How Texas Regulates Daycares

Child care facilities in Texas are licensed and inspected by Child Care Regulation, a division of the Texas Health and Human Services Commission (HHSC). HHSC sets minimum standards covering everything from staff background checks and training to physical safety requirements and, critically, how many children a single caregiver can be responsible for at once.

Staff-to-Child Ratios Matter More Than You’d Think

Texas sets maximum staff-to-child ratios by age group, because younger children need closer supervision. Generally speaking, ratios are tightest for infants and loosen somewhat as children get older — roughly one caregiver for every four infants, widening gradually through the toddler and preschool years. These ratios aren’t just red tape: they’re the difference between a caregiver who can actually watch every child in the room and one who physically can’t. If a facility was operating over its legal ratio at the time your child was hurt, that’s directly relevant to whether the injury was preventable.

Common Causes of Daycare Injuries

• Inadequate supervision — a child left unattended, even briefly, during a fall, a fight with another child, or an accident
• Unsafe playground or facility conditions — broken equipment, unsecured furniture, inadequate fall surfaces under play equipment
• Failure to follow allergy or medical protocols — a documented allergy or medical condition that wasn’t properly tracked or communicated to staff
• Inadequate background checks or staffing decisions — a caregiver who shouldn’t have been left alone with children
• Transportation incidents — improper supervision during pickup, drop-off, or field trips

How These Claims Are Built

A daycare injury claim usually rests on one or more legal theories: negligent supervision (the facility failed to adequately watch the children in its care), premises liability (an unsafe physical condition on site caused the injury), or both. A documented HHSC licensing violation — an inspection citation for a ratio violation, a background-check failure, or an unlicensed staff member — at or near the time of the injury can be powerful evidence that the facility fell short of its duty of care, even though a licensing violation on its own doesn’t automatically decide the case. Medical records, incident reports the facility is required to keep, witness statements from other parents or staff, and the facility’s HHSC inspection history all typically factor into building a strong claim.

The Two-Year Deadline

Texas gives you two years from the date of the injury to file a personal injury lawsuit (Texas Civil Practice and Remedies Code § 16.003). That deadline applies even though the injured child is a minor; Texas law does extend certain limitations periods for minors in specific circumstances, so it’s worth discussing your family’s specific timeline with an attorney rather than assuming either way.

Why The Traub Law Office?

These cases require sensitivity and speed — sensitivity because you’re dealing with your child’s wellbeing, and speed because incident reports, video footage, and staffing records can disappear quickly. We investigate thoroughly, review the facility’s licensing and inspection history, and pursue full compensation for your child’s medical care and your family’s losses. We take these cases on contingency: no fee unless we recover money for you.

If your child was injured at a daycare or child care facility in Austin, call the Traub Law Office at (512) 246-9191 for a free, confidential consultation.