Can You Sue a Church or Home-Based Daycare in Texas?
When your child suffers an injury at daycare, their safety is the only thing that matters in the moment. Once you know they’re okay, however, it’s natural to start asking whether the provider should be held responsible. That question gets trickier when the daycare is run by a church or out of someone’s home.
The short answer is yes. Texas law does not give these types of providers a free pass if their negligence leads to a child’s injury. The legal process may look a little different depending on the kind of facility involved in your case, but your right to take action still exists. Read on to learn how these claims work and what you should do to protect your family.
Suing a Church-Operated Daycare in Texas
A lot of parents assume churches have some kind of blanket legal protection. That is not quite how it works. Texas does classify churches as charitable organizations under Chapter 84 of the Civil Practice and Remedies Code, and that law places a cap on how much you can recover in a lawsuit. The cap sits at $500,000 per person and $1,000,000 per occurrence for bodily injury or death.
However, a cap on damages is not the same as immunity. You can absolutely file a negligence lawsuit against a church-operated daycare if it failed to supervise your child or otherwise acted carelessly in some form. The charitable status may limit the dollar amount you recover, but it does not stop you from pursuing a claim altogether.
Filing a Claim Against a Home-Based Daycare
If someone regularly watches unrelated children in their home for pay, Texas law generally requires them to be licensed or registered through the Texas Health and Human Services Commission. Licensed home daycares must carry at least $300,000 in liability insurance per occurrence of negligence under the Texas Human Resources Code.
Providers who skip the licensing process entirely face even more legal exposure. Operating without a license means no safety inspections and no oversight on how many kids one person is watching at a time. If your child was injured in that kind of setting, the provider’s unlicensed status can actually work as evidence of negligence in your case.
Whether the home daycare was licensed or not, standard negligence and premises liability laws in Texas still apply. The provider owed your child a duty of care, and if they fell short of that duty, you have grounds to take legal action.
What Steps Should I Take After My Child Is Injured?
What you do in the days after your child’s injury can make a real difference in your ability to hold the daycare accountable. Here are some steps to keep in mind:
- Get medical attention for your child as soon as possible, and save all records
- Ask the daycare for a written incident report
- Take photos of your child’s injuries and the spot where they happened
- File a complaint with the Texas Health and Human Services Commission
- Do not sign anything from the daycare provider without talking to an attorney first
- Reach out to a personal injury lawyer who handles daycare negligence cases
Keep in mind that the statute of limitations for personal injury claims in Texas is two years. When a minor is the one who was hurt, though, that clock generally does not start running until the child turns 18.
Contact an Experienced Personal Injury Attorney at Benton Accident & Injury Lawyers for a Free Consultation
Cases involving church or home-based daycares come with unique challenges that most parents are not prepared to handle on their own. A personal injury attorney familiar with these claims can evaluate your situation and fight for the compensation your child deserves from there.
If your child has been injured in an accident in Dallas, TX, please contact the experienced Dallas daycare injury lawyers at Benton Accident & Injury Lawyers today. We offer free consultations.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
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About the Author
Jeff BentonJeff Benton is the founder of Benton Accident & Injury Lawyers in Dallas. He represents clients in claims involving truck accidents, car accidents, wrongful death, workplace accidents, and other forms of negligence. Jeff is known for taking on difficult cases that other firms decline and for fighting aggressively against powerful insurance companies and corporate defendants. He was honored with the Dallas Trial Lawyers Association’s John Howie Award for his pursuit of justice and remains committed to helping injured individuals and families throughout Texas. Click here to see some of his notable case results.
