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July 26, 2023 by Greg Baumgartner
If your child has been injured in a daycare facility, a daycare injury lawyer can help. Proving negligence can be hard.
Unfortunately, many of these incidents are never reported.
Proving negligence in daycare accident cases can be challenging. You may want to contact a reputable daycare lawyer near you for legal counsel.
In many instances, proving negligence in daycare accident cases can be difficult.
Here are the common challenges encountered in proving negligence in daycare accident claims:
The lack of direct evidence in most daycare injury cases makes it more difficult to prove the case. Often, the only person who can testify about what happened is the same person who is trying to deny liability.
Daycare facilities supervise children, which is the major breach of duty most experienced daycare injury lawyers use in lawsuits. Still, the burden of proof rests with the plaintiff in lawsuits against a daycare provider.
Negligence requires proving a duty of care. Clearly, the daycare facility has the obligation to train its employees about the safety of children properly. Also, the instructors should always have the children in their vision.
Proving negligence requires showing that the daycare provider failed to meet the expected standard of care. This means showing that the employee did not act reasonably in protecting the children, which caused the injury.
While many insurance companies want to argue that the child’s action caused the injury, Texas does not recognize the negligence of young children. In effect, the case law holds that young children are not old enough to know the right thing to do and, therefore, cannot be legally accountable for their actions.
To win a case against a daycare center, the plaintiff must prove that the daycare center’s actions caused the injury. Recently, many adjusters have argued that another child should be held accountable for an injury at a daycare center.
While we believe these arguments are not legally accurate, the arguments are still being made to reduce settlements.
Sometimes, the daycare center does not document the child’s injury. The daycare may have an incident report, but the incident documentation is lacking. The family should always inquire about a video that may be available showing what happened.
It is always a good idea to begin investigating and making a claim as soon as possible after the injury to your child. The longer the case is delayed, the harder it is to prove. Additionally, witnesses can move out of state or become otherwise unavailable, which can complicate proving the case.
Sometimes, an expert witness may be needed to prove liability or damages. Choosing the appropriate expert witness for a case Is a consideration that an experienced attorney should make.
Insurance companies representing daycare providers may vigorously defend against negligence claims to minimize their liability. They may dispute the severity of the injuries, challenge causation, or attempt to settle for a lesser amount.
Proving negligence in daycare accidents is challenging. Parents pursuing daycare accident claims should seek legal assistance to prove negligence effectively.
Here is a short video explaining what to do when your child is hurt at a daycare center.
Contact the child injury lawyer in Houston to discuss your child’s injury at daycare. We have helped families for over 35 years and won millions of dollars for children.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Texas Procedures for Injury Settlements that Involve Minors
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Can I bring a Personal Injury Claim on Behalf of a Child in Texas?
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What You Need to Know About Children Injured in Fitness Centers
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How Duty of Care Affects Negligence Claims
Kingwood, TX Personal Injury Lawyer
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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