What Need to Know About Houston Daycare Injury Cases
Written by Greg on April 19, 2019
The last thing a parent expects after dropping a child off at daycare is a phone call saying that the child was hurt. It is can be terrifying situation. Your first concern, naturally, is making sure that your child gets medical care. Later, you may start to wonder exactly what happened and how the daycare provider allowed your child to get hurt.
Child Abuse and Neglect in Daycare
There are many causes of injuries to children while at daycare. Neglect is a common one. Neglect simply means that the provider did not use adequate care when supervising a child. There may be too few employees for the number of children present, or the employees might not be properly trained. Abuse occurs when the provider intentionally harms a child, such as by hitting or slapping.
According to Texas Health and Human Services there were 5,000 children injured at daycare facilities between October 2016 and July 2018. Of that number, most were considered minor injuries. 818 of the injuries were serious. Serious injuries may include broken bones, head trauma and other severe injuries. Unfortunately, it may sometimes be difficult to find out exactly what occurred when the child is young or unable to verbalize.
Daycare Accident Liability
Daycare providers have a duty of care to your child. They must provide the same level of care that a prudent care provider gives. As a parent, you may have signed a waiver of liability when your child was enrolled in the daycare facility. The waiver does not necessarily keep you from taking legal action against the daycare. If the injury was caused by negligence, you are still allowed to take legal action against the negligent party. In general, liability waivers might be deemed invalid in court although daycare providers still use them as a way to try to protect themselves from those who are unaware of the law.
Proving a Case against a Daycare Provider
Just because your child got hurt while at daycare does not necessarily mean that you have a case against the provider. You must establish that the provider breached its duty of care and was negligent. It may help if the daycare received a violation for the incident or for other similar incidents in the past. However, Child Care Licensing tends to focus on what the daycare managers say and that may not necessarily be what happened!
You will need to build a case against the provider by gathering as much evidence and documentation as possible. An attorney with experience handling daycare injury cases is immensely beneficial in resolving your case. Only a qualified attorney will be able to successfully guide the process to a satisfactory resolution.
Daycare injury cases can be complicated. It is in your best interest to seek guidance from a Houston personal injury attorney as soon as possible following the injury. The law typically allows up to two years to file a legal claim but with minors involved the statute of limitations can be tolled for the minor’s personal injury. However, if you wait too long the evidence in the case may be compromised.
If your child was hurt at a daycare, call Baumgartner Law Firm to discuss the details of the case today.