San Antonio Daycare & School Negligence Attorneys: Protecting Our Most Vulnerable

When a Place of Learning and Care Becomes a Place of Harm, You Need an Advocate for Your Child

Parents in San Antonio entrust daycare centers, schools, summer camps, and preschools with their most precious responsibility: the safety and well-being of their children. This relationship is built on an implicit promise—that these institutions will provide a secure environment, adequate supervision, and competent care. When this promise is broken due to negligence, the consequences are every parent’s worst nightmare. A moment of inattention, a poorly maintained piece of equipment, or a failure to screen staff can lead to catastrophic injuries, from traumatic brain injuries and broken bones to severe emotional trauma and, in the most tragic cases, wrongful death. Daycare and school negligence cases are not simple slip-and-fall claims; they involve the breach of a sacred custodial duty owed to our most vulnerable population.

At Barton & Associates, Attorneys at Law, our Daycare & School Negligence practice is dedicated exclusively to representing children and families who have been harmed by the failures of those entrusted with their care. We understand that these cases are both legally complex and emotionally fraught. They involve challenging powerful institutions—often well-insured and represented by aggressive defense counsel—that will prioritize their reputation and finances over accountability. Texas law imposes a high duty of care on these facilities, but proving a breach requires a meticulous, sensitive, and expert-driven investigation. It requires attorneys who are not only skilled litigators but who also possess the compassion and determination to fight for a child who cannot fight for themselves.

Our mission is to be that relentless advocate. We combine the formidable investigative resources of our personal injury division with a specialized focus on the standards governing childcare and education. We know that the Texas Department of Family and Protective Services (DFPS) minimum standards are often just a baseline; true negligence is shown by the facility’s failure to meet its own policies or the reasonable expectations of care. From improper staff-to-child ratios that lead to unsupervised playground injuries to the failure to address known bullying that escalates to violence, we leave no stone unturned. We work with a network of child safety experts, former daycare licensing inspectors, pediatric forensic specialists, and child psychologists to build an undeniable case. We believe that institutions profiting from the care of children must be held to the absolute highest standard, and we fight tirelessly to secure the compensation needed for a child’s lifelong medical care, therapy, and recovery.

The Legal Duty of Care: What Daycares and Schools Owe Your Child

Under Texas law, daycare centers, schools, and their employees stand in a “loco parentis” relationship—in the place of a parent. This imposes a legal duty to exercise the degree of care that a reasonably prudent parent would under similar circumstances. This duty encompasses:

1. The Duty to Provide Adequate Supervision: This is the core duty. Supervision must be active, attentive, and commensurate with the children’s ages, the activity, and the environment.
2. The Duty to Maintain Safe Premises: The physical environment must be free of unreasonable hazards, and equipment must be properly maintained.
3. The Duty to Hire, Train, and Retain Competent Staff: Facilities must conduct proper background checks and provide adequate training on safety, emergency procedures, and child development.
4. The Duty to Protect from Foreseeable Harm: This includes protecting children from harm caused by other children (bullying, violence) and from the negligent or intentional acts of staff.

When any of these duties are breached, and a child is injured as a direct result, the facility can be held liable for negligence.

Common and Devastating Examples of Daycare & School Negligence

1. Inadequate Supervision Leading to Injury

The most frequent cause of preventable injuries is a lack of proper, attentive supervision.

• Playground Injuries: Falls from climbers or slides due to lack of “spotting,” collisions on tricycles, or injuries from improperly supervised roughhousing.
• Wandering/Escape: A child leaves the facility unnoticed, leading to exposure to traffic, drowning hazards (pools, ponds), or abduction.
• Choking & Obstruction Hazards: Failure to properly supervise during meal or snack times, or allowing access to age-inappropriate small toys.
• Inadequate Staff-to-Child Ratios: Violating Texas DFPS ratios, which are minimum requirements, directly leads to overwhelmed staff and unsupervised children.

2. Unsafe Premises & Defective Playground Equipment

A facility’s physical environment must be hazard-free.

• Defective or Improperly Maintained Equipment: Broken swings, rusted slides with sharp edges, loose bolts on climbing structures, and degraded or missing protective surfacing (rubber mats, wood chips) under equipment.
• Environmental Hazards: Exposed electrical outlets, unsecured cleaning supplies or medications, poorly maintained fencing with gaps, and tripping hazards.
• Water Hazards: Unsecured pools, buckets of water, or improper drainage creating drowning risks.

3. Negligent Hiring, Training, and Retention

The people caring for your child are paramount.

• Failure to Conduct Background Checks: Hiring staff with histories of violence, child abuse, or substance abuse.
• Inadequate Training: Failing to train staff in CPR/first aid, safe sleep practices for infants (SIDS prevention), allergy management, or behavior management.
• Retention of Unfit Staff: Keeping an employee on staff after reports of concerning behavior, neglect, or abuse.

4. Bullying, Assault, and Failure to Protect

Schools and daycares have a duty to intervene in known bullying and protect children from violence.

• Peer-on-Peer Violence: Physical assaults, severe hazing, or cyberbullying that the school knew about or should have known about but failed to address.
• Abuse by Staff: Physical, emotional, or sexual abuse by an employee. Institutions can be liable for negligent supervision if they failed to prevent foreseeable misconduct.

5. Transportation & Field Trip Negligence

• School Bus & Van Accidents: Due to driver negligence or poorly maintained vehicles.
• Field Trip Injuries: Lack of proper planning, inadequate chaperone ratios, or visits to unsuitable locations.

6. Failure to Provide Medical Care

• Ignoring a child’s signs of distress or illness.
• Failing to follow a prescribed medical plan for allergies, asthma, diabetes, or seizures.
• Delaying or denying emergency care after an injury occurs on-site.

The Immediate Steps: What to Do After a Daycare or School Injury

1. Seek Immediate Medical Attention: Your child’s health is the priority. Ensure they receive a thorough medical evaluation, as some injuries (like concussions) may not be immediately apparent.
2. Document Everything: Take photos of the injury, the location where it happened, and any hazardous conditions. Write down a detailed timeline of events as you understand them.
3. Request All Records: Politely but firmly request a copy of the incident report filled out by the facility. Do not provide a detailed recorded statement to the daycare’s insurance adjuster without legal counsel.
4. Contact the State: Report serious incidents to the Texas Department of Family and Protective Services (DFPS) for daycares or the Texas Education Agency (TEA) for public schools. This creates an official investigation record.
5. Consult a Specialized Attorney Immediately: The facility and its insurer will begin building their defense. You need an advocate to protect your child’s rights and begin an independent investigation.

The Barton & Associates Investigative Process

We move swiftly and systematically to uncover the truth and establish liability.

Phase 1: Emergency Investigation & Evidence Preservation

• We dispatch investigators to photograph and document the scene, equipment, and overall safety of the facility.
• We immediately send spoliation letters to the daycare or school, demanding the preservation of all video surveillance, staff schedules, incident reports, and maintenance logs.
• We identify and interview witnesses, including other parents whose children may have seen the incident or reported similar concerns.

Phase 2: Obtaining and Analyzing Critical Documents

Through formal requests and, if necessary, litigation discovery, we obtain:

• Internal Incident Reports & Logs
• Staffing Schedules & Employee Files (to prove ratio violations and check hiring practices)
• DFPS Licensing Files, including past inspection reports and complaint history.
• Training Manuals & Safety Policies
• Maintenance Records for Playground Equipment

Phase 3: Expert Consultation & Case Building

• Childcare Safety Expert: A former state licensing inspector or daycare administrator reviews the facility’s compliance with standards and evaluates the adequacy of supervision and safety protocols.
• Playground Safety Expert (CPSI Certified): Inspects the equipment and fall surfaces, testifying to violations of CPSC guidelines and ASTM safety standards.
• Pediatric Medical Experts: Document the full extent of the child’s injuries and the lifelong impact, connecting them directly to the incident.
• Child Psychologist: Assesses and testifies to the emotional and psychological trauma suffered.

Phase 4: Litigation for Accountability & Full Recovery

We fight to recover all damages permitted under Texas law, which can include:

• Past and Future Medical Expenses (surgeries, therapy, counseling)
• Physical Pain and Suffering
• Mental Anguish and Emotional Distress (for the child and, in some cases, the parents)
• Physical Impairment and Disfigurement
• Loss of Earning Capacity in the future if the injury leads to a permanent disability
• Punitive Damages, in cases involving gross negligence or conscious indifference to safety.

Why These Cases Require a Specialized Firm

Daycare and school negligence cases are defended by insurers with deep experience. They will argue:

• The injury was an unavoidable “accident” typical of childhood.
• The child was somehow at fault.
• Supervision was adequate, and the incident happened in an unobservable “moment.”

We counter these defenses with hard evidence: staffing records that prove ratios were violated, expert testimony on safety standards, and documentation of prior similar incidents that put the facility on notice of a dangerous condition.

If Your Child Has Been Injured Due to Negligent Care, We Are Here to Help

The grief, anger, and guilt following such an incident are overwhelming. Your focus must be on your child’s healing. Let us handle the fight for accountability and the resources needed for their recovery.

Take the First Step Toward Justice

Contact the compassionate yet fierce San Antonio Daycare & School Negligence Attorneys at Barton & Associates today. We offer a free, confidential, and sensitive case evaluation. We will listen to your story, explain your legal rights, and begin the critical work of investigating and building your case. Call us at 210-500-0000 for a free consultation or use our online Free Consultation form.

Main Category: Personal Injury
Practice Area Category: Specialized Negligence
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000