The most common causes of child injuries in San Antonio schools and daycares stem from predictable, preventable failures. These include inadequate supervision, unsafe environments, and unqualified or poorly trained staff—issues amplified by city-wide staffing shortages.
In one recent year, 651 young children suffered a serious injury or were killed at Texas daycares, typically because basic safety rules were not followed. For parents, this means that the injury your child suffered was likely not due to bad luck, but rather the unfortunate outcome of someone’s negligence. There is a clear path to holding the responsible school or daycare accountable and securing the resources your family needs for medical care, therapy, and recovery.
If you have a question about an injury your child sustained at a daycare or school, call us for a free consultation at (210) 941-1301.
Key Takeaways for Child Injury Claims at San Antonio Schools and Daycares
- Most injuries are caused by negligence, not accidents. Failures in supervision, unsafe equipment, and inadequate staffing are the root causes, which means the facility is legally responsible for the harm done.
- San Antonio's childcare staffing crisis increases risk. Widespread staff shortages lead to high turnover, burnout, and less-qualified caregivers, creating an environment where safety oversights are more likely to occur.
- Immediate documentation protects your legal rights. Taking specific steps like photographing injuries, saving clothing, and reporting the incident to the state creates an official record that is essential for holding a facility accountable.
Why Do These Injuries Keep Happening? A Look at the Root Causes in San Antonio
You trusted a facility with your child's safety, and that trust was broken. Now you're left wondering how this could have occurred. The reality is that many San Antonio childcare facilities are under immense pressure.
The San Antonio Staffing Crisis
A recent study commissioned by the City of San Antonio revealed that local child care providers are operating at only about 70% of their licensed capacity. As alluded to earlier, this capacity crunch leads directly to staff burnout, high turnover rates, and fewer qualified caregivers watching over groups of children. Low wages in the childcare industry further contribute to a less experienced workforce, which heightens the risk of serious safety oversights.
Failure in Supervision—The Number One Culprit
The Texas Department of Family and Protective Services consistently identifies supervision failures as a primary factor in the hundreds of serious injuries and deaths at daycares each year. This failure is a systemic breakdown in a facility's most basic responsibility.
What does this failure look like in practice?
- Distracted Caregivers: Staff members may be on their phones, engrossed in conversation with other adults, or otherwise not actively monitoring the children.
- Inadequate Ratios: Facilities in some cases operate with staff-to-child ratios that fall below the legal minimums required by the Texas Health and Human Services Commission.
- Improper Positioning: Staff are not strategically positioned to see all children under their care, creating dangerous blind spots, especially on playgrounds or in large, open rooms.
Unsafe Premises and Equipment
When a facility is underfunded and understaffed, maintenance is frequently one of the first things to be neglected. This turns a seemingly safe environment into a source of hidden dangers.
- Playground Hazards: We frequently see injuries caused by broken equipment, inadequate fall surfacing like thin mulch or bare ground, and poorly designed structures that create entrapment risks for small bodies.
- Indoor Dangers: Common hazards include unsecured furniture that tips over on a climbing child, accessible cleaning supplies or toxic materials, and unsanitary conditions that lead to severe illness or infection.
Inadequate Training and Emergency Protocols
Even with the best intentions, a staff member who isn't properly trained cannot provide a safe environment. Many injuries happen because employees lack the knowledge to prevent or respond to an emergency. This includes insufficient training in:
- First Aid and CPR: A delayed or improper response to a choking incident or injury has devastating consequences.
- Recognizing Abuse and Neglect: Daycare and school employees are mandated reporters. This means they have a legal duty under the Texas Family Code to report any suspicion of child abuse or neglect. A failure to do so is a failure to protect.
- Proper Incident Documentation: When an injury occurs, it must be documented thoroughly and reported to parents. We find that official injury reports are sometimes missing, incomplete, or inaccurate, which complicates efforts to understand what truly happened.
Common Injuries and the Negligence Behind Them
While a scraped knee is a normal part of childhood, many injuries that occur at schools and daycares are far more serious and point directly to negligence. Here are the types of injuries we see and the specific failures that cause them.
Falls from Heights (Playground Equipment, Stairs, Unsecured Windows)
These falls are almost always preventable. They happen due to a lack of supervision on playground equipment, faulty or improperly maintained guardrails, or allowing a child to play on equipment that is not appropriate for their age.
Physical Injuries from Other Children (Biting, Hitting, Pushing)
When a child is injured by another, it is likely a sign of inadequate supervision. A caregiver's failure to intervene, a lack of training in conflict resolution, or ignoring a known history of aggressive behavior from another child are forms of negligence.
Injuries from Unsafe Equipment or Furniture
This type of incident falls under a legal concept known as premises liability. Simply put, the facility arguably failed to maintain a safe environment. This means they may not have anchored heavy furniture, removed broken toys with sharp edges, or repaired faulty playground structures, for example.
Transportation-Related Injuries
A daycare or school that provides transportation is responsible for getting children to and from their destination safely. Failures in this duty could include not using proper car seats and restraints, hiring drivers with poor driving records, or failing to maintain their vans or buses.
Choking, Allergic Reactions, or Poisoning
These injuries are sometimes the result of a direct failure to follow protocols or parental instructions. Examples include not adhering to a child's documented food allergies, leaving small objects within reach of toddlers, or failing to properly secure cleaning chemicals and medications.
Abuse and Neglect
This represents the most severe failure of a caregiver's duty. It includes direct physical or emotional harm and the failure to report suspected abuse, as required by the Texas Family Code.
What Are Your Next Steps from Home?
After ensuring your child has received all necessary medical care, the actions you take in the following days are important. They protect both your child's ongoing health and your family’s legal rights. The school or daycare and their insurance company have already started their own process, so you need to start yours.
1. Document Everything in Writing
Memory fades, but a written record is permanent. Start a dedicated notebook or digital file for this purpose.
- Create a timeline: Write down the date and time you were notified of the injury, who you spoke with, what they said, and the details of the incident report they provided (if any).
- Summarize conversations: After any phone call with the director or a staff member, send a brief, polite email confirming what was discussed. For example: "Thank you for speaking with me today. As we discussed, you mentioned [key detail from conversation]." This creates a paper trail.
2. Preserve All Evidence
Physical evidence is invaluable in understanding how an injury occurred.
- Take photos: Photograph your child’s injuries every day. This documents how they progress or heal over time.
- Keep clothing: Store the clothing your child was wearing at the time of the incident in a sealed bag. Do not wash it.
- Save all communications: Keep every email, text message, or voicemail you receive from the facility.
3. Report the Incident to the State
You have the right to file a report directly with the Texas Department of Family and Protective Services (DFPS). This action triggers an independent investigation by the state licensing authority. This is done online or via their hotline. This ensures an official record exists and that potential safety issues are addressed to protect other children.
4. Do Not Give a Recorded Statement to Their Insurance
It is very likely that the facility's insurance adjuster will call you. You are not required to provide a recorded statement. Politely decline and state that you will have a representative speak for you.
How Does a Legal Claim Hold a School or Daycare Accountable?
Filing a legal claim uncovers the truth and ensures the same failure doesn’t harm another San Antonio family.
The Legal Standard: Negligence
To hold a school or daycare responsible, we must show they were negligent. It's a legal concept that simply means proving four things:
- Duty: The facility had a legal obligation to provide a safe environment for your child.
- Breach: They failed in that duty (for example, by not supervising children, hiring unqualified staff, or ignoring a known safety hazard).
- Causation: This specific failure directly caused your child's injury.
- Damages: Your child and family suffered harm as a result, such as medical bills, pain, and emotional distress.
What Our Investigation Uncovers
Our role is to build the strongest case possible by gathering evidence the facility may not volunteer. We will request records of past safety violations, staff training logs, and incident reports involving other children. We may interview current and former employees who may have information about unsafe practices. We also analyze maintenance records, safety protocols, and any available video footage to piece together exactly what happened.
The Goal: Securing Full Compensation
This process allows us to pursue the maximum compensation available under the law. This is intended to cover all harms and losses, including:
- All current and future medical expenses
- Physical therapy and rehabilitation
- Counseling for emotional trauma
- Your lost wages from time spent caring for your child
- Your child's pain and suffering
Frequently Asked Questions About Child Injury Claims in San Antonio
Can I sue a public school in Texas?
Yes, but the rules are different and more restrictive. Claims against government entities like public school districts fall under the Texas Tort Claims Act. This law imposes much shorter deadlines and specific notice requirements. In most cases, you must provide formal notice of your claim within just six months of the injury, so you must act quickly to preserve your rights.
The daycare made me sign a liability waiver. Does that prevent me from filing a claim?
Not necessarily. In Texas, a pre-injury liability waiver may not protect a facility from accountability for gross negligence, which means an act or omission involving an extreme degree of risk. Thus, the enforceability of these waivers is not guaranteed. We will review the document you signed and the specific circumstances of the injury to determine if a claim is still possible.
What if I’m not sure who was at fault?
That is our job to figure out. An investigation may reveal that the responsibility lies with the facility as a whole, a specific employee, the manufacturer of faulty playground equipment, or even a third party, such as a delivery driver who created a hazard on the property. We work to identify all responsible parties to ensure your family achieves a full recovery.
How much does it cost to hire your firm?
We handle personal injury cases on a contingency fee basis. This means you pay nothing upfront. We only receive a fee if we successfully recover compensation for you. There are no out-of-pocket costs for you to get started.
The director apologized and said they would cover the medical bills. Is that enough?
While a sincere apology is important, a verbal promise is not legally binding. It also may not account for future medical needs, the necessity of therapy, or the emotional trauma your child has experienced. It is best to have any settlement agreement formally documented and reviewed by an attorney to ensure it fully covers all of your family's damages, both now and in the future.
Let Us Help Your Family Heal
You sent your child to school or daycare expecting them to be kept safe. When that trust is broken, you have a right to answers and a right to hold the responsible parties accountable. We have years of experience handling these sensitive cases for families across San Antonio.
If you're ready to take the next step, call Cowen | Rodriguez | Peacock for a free, no-obligation consultation at (210) 941-1301.