Legal Question in Legal Ethics in Texas
My daycare provider is trying to take me to court and sue me because I removed my daughter from the daycare without giving a two week notice. Per contract, I am aware a two week notice is required, but it also states my child will be provided quality chidcare. I feel like I shouldn't have to give a week notice because I feel like my child was not provided quality child care due to the following reasons.
she was stabbed in the stomach twice by the same dangerous toy, she used scissors while there to cut off her ponytail, when a fire took place at the location I was not called; however, I was called when my daughter cut her hair. Does she have the right to take me to court although my child was not watched while in her care?
1 Answer from Attorneys
While I am NOT licensed in Texas; I did go to law school there. This question appears to be more generic than legally based. It is an answer that is available if your were to call the court systems or a court clerk, etc...
Yes, she can sue you for breach of contract. In fact, anyone may try and sue you for just about anything. Be aware though that JUDGES, the legal system, etc... dislike and seriously frown upon silly lawsuits. It wastes time and money of everyone and costs taxpayers MILLIONS or more each and every year!
While she has the right to sue you; you also have a right to sue her for not fulfilling her end of the contract. This is called a counterclaim.
Once you talk to a lawyer, and I cannot give you advice here as I am not licensed in Texas, you may find that you are owed a refund of some sort due to her breach. You may also find that if the court finds her action/non-actions in the care of your daughter egregious other monetary recoveries may be warranted. The court could also find if and because she breached the contract first that you did not breach the contract at all and are excused from the two week notice altogether.
This could go many ways and I would advise you to seek the help of a licensed Texas attorney if you are served with notice of a lawsuit. You have options based on the facts you presented to defend your actions. There are many lawyers on this site as well as can be found at www.Texasbar.com who can help you with this IF you are served with a lawsuit. But, personally, I doubt she will.
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