Child hurt at school or daycare in Fort Worth: what a parent can do
Texas protects school districts from most injury claims. The Tort Claims Act reaches a district only for motor vehicles, such as a school bus. A licensed daycare is different: the state inspects it and requires it to report serious injuries. A public body needs notice in 6 months, and a child's age does not pause that.
Last checked November 9, 2026 · Official sources (21)
Can you sue Fort Worth ISD if your child was hurt at school?
Rarely, and only in narrow cases. The Texas Tort Claims Act does not apply to a school district, except for motor vehicles. That means a playground fall or a gym injury usually cannot be brought against the district itself.
A school bus is the main exception. Immunity is waived for the operation or use of a motor vehicle. But the bus must be more than the setting. A fight on a bus that has nothing to do with driving it does not count. Fort Worth ISD's Transportation communication center is 817-815-7900.
Teachers have their own protection. A school professional is not personally liable for judgment calls, except for excessive force in discipline or negligence that causes bodily injury to a student. That protection does not cover operating a motor vehicle.
What is the deadline for a school injury claim in Fort Worth?
A public body must get notice within 6 months of the injury. Being a minor does not pause the 6-month notice, so a parent should send it early. Write the notice early, even if your child is still recovering.
The lawsuit deadline is longer. It is generally 2 years, and for a child that clock can be paused until age 18. If a claim works, a local government's cap is $100,000 per person and $300,000 per event.
What about a sports injury or concussion at a Fort Worth school?
Texas requires a school district with student athletes to appoint a concussion oversight team. A student removed after a concussion needs a treating physician's written statement before playing again.
Ask the school for those records. If a coach sent your child back in without them, that can matter to a claim, even where the district cannot be sued. For a hurt child, Cook Children's calls itself a Level II pediatric trauma center.
How is a daycare different from a school in Fort Worth?
| Question | Licensed child care in Texas |
|---|---|
| Who regulates it? | The state Health and Human Services Commission (HHSC). |
| Are injuries reported? | Yes. A serious injury to a child is a serious incident the operation must report. |
| Who is left out? | Listed family homes do not have to self-report. |
| How often is it inspected? | Unannounced, at least once a year for licensed operations. |
| Can a parent check? | Yes, on Search Texas Child Care. |
A private daycare is not a school district, so the Tort Claims limits do not protect it. A claim can name the operator and, in some cases, the owner of the building.
What should a parent do first?
- Get your child checked. Tell the doctor exactly what happened and where.
- Ask the school or daycare for the incident report in writing, and ask who saw it.
- Photograph the injury, the equipment and the spot. Keep torn clothes and the child's shoes.
- Look up the daycare on Search Texas Child Care and save its record.
- Send written notice to a public body before the 6-month mark.
- If your child is left with a lasting disability, a guardianship case goes to Probate Court No. 1, at 100 West Weatherford St., Room B60.
Questions
Can a teacher be sued personally?
Sometimes. The teacher protection has an exception for negligence that causes bodily injury to a student.
What if my child was hurt on a field trip bus?
The bus has to be involved in the injury, not just the place it happened.
Does my child's age change the lawsuit deadline?
It can pause the 2-year lawsuit clock until age 18. It does not pause the notice to a public body.
Does every childcare place have to report injuries?
Most do. Only listed family homes are excused from self-reporting.
Child hurt at school or daycare in Fort Worth? See if you are owed money.
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See if I’m owed moneySources (21)
- Texas Civil Practice and Remedies Code 101.051, checked 2026-11-09. “Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district.”
- Texas HHSC, What Are CCR Reports, Inspections and Enforcement Actions, checked 2026-11-09. “A serious incident includes but is not limited to a serious illness or injury to a child, a missing child or a disaster that requires the operation to close.”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
- Martinez v. Val Verde County Hospital District (Tex. 2004), checked 2026-11-09. “The lower courts held that it is not,[2] and we agree.”
- LeLeaux v. Hamshire-Fannett ISD (Tex. 1992), checked 2026-11-09. “When an injury occurs on a school bus but does not arise out of the use or operation of the bus, and the bus is only the setting for the injury, immunity for liability is not waived.”
- Texas HHSC, What Are CCR Reports, Inspections and Enforcement Actions, checked 2026-11-09. “CCR conducts unannounced inspections at licensed operations at least once per year”
- Texas HHSC, What Are CCR Reports, Inspections and Enforcement Actions, checked 2026-11-09. “Information regarding the minimum standard requirements and deficiencies cited for each operation can be found at Search Texas Child Care.”
- Texas Civil Practice and Remedies Code 101.021, checked 2026-11-09. “arises from the operation or use of a motor-driven vehicle or motor-driven equipment”
- Fort Worth ISD, Transportation FAQ, checked 2026-11-09. “The Transportation communication center can be reached at 817.815.7900.”
- Tex. Educ. Code § 22.0511, checked 2026-11-09. “except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students”
- Tex. Educ. Code § 22.0511, checked 2026-11-09. “This section does not apply to the operation, use, or maintenance of any motor vehicle.”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
- Texas Civil Practice and Remedies Code 101.023, checked 2026-11-09. “liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence”
- Tex. Educ. Code § 38.153, checked 2026-11-09. “shall appoint or approve a concussion oversight team.”
- Tex. Educ. Code § 38.157, checked 2026-11-09. “the treating physician has provided a written statement indicating that, in the physician's professional judgment, it is safe for the student to return to play”
- Cook Children's, Pediatric Trauma Surgery, checked 2026-11-09. “As a Level II Pediatric Trauma Center”
- Texas HHSC, What Are CCR Reports, Inspections and Enforcement Actions, checked 2026-11-09. “Chapter 42 of the Texas Human Resources Code requires the Health and Human Services Commission (HHSC) to regulate child care and child-placing activities in Texas”
- Texas HHSC, What Are CCR Reports, Inspections and Enforcement Actions, checked 2026-11-09. “All operations, except listed family homes, are required to report certain types of serious incidents to CCR”
- Tarrant County Probate Court No. 1, checked 2026-11-09. “The creation of guardianships for incapacitated persons, including minors”
- Tarrant County, Probate Court No. 1, checked 2026-11-08. “100 West Weatherford St Room B60 Fort Worth, TX, 76196 Hours: 8 a.m. - 4:30 p.m. 817-884-1200”