Inadequate Supervision
One of the most common causes of child injury at a daycare facility is lack of or inadequate supervision. Falls, ingestion of toxins, and playground injuries are all common injuries that might be related to insufficient monitoring. Failing to supervise children properly is a form of daycare negligence.
Injuries are more common in younger children, both because of their inexperience and because they are less coordinated than older children. If an employee at a childcare facility is careless, the result can be a severe or catastrophic injury.
Examples of Daycare Negligence
Here are a few examples of recent daycare cases we have won:
- A worker changing a baby’s diaper steps away, and the baby falls.
- A child was left in a hot van and died.
- A child ingested a harmful chemical.
- A caregiver leaves the room, allowing a child to climb and fall.
- A child is burned with hot water when the caregiver was not watching.
- Two children engage in rough play, and one gets injured.
- The center allowed children to play on age-inappropriate play equipment.
- Appropriate safety equipment was not used, and a child is severely hurt.
- The daycare center failed to adequality childproof the facility.
- A daycare facility did not have enough caregivers leading to an injury
Merely failing to adequately control children can lead to extremely serious injury by the child.
Each of these examples is daycare workers being negligent. The facility is required to follow the safety regulations and is legally responsible for the negligent actions of its employees. A daycare center can be sued for its negligence for hiring incompetent employees or other acts.
Most of our daycare injury lawsuits are settled after we prove your case. We prove negligence through our knowledge of the daycare laws and our personal injury litigation expertise. We have the experience and track record of winning you need.
Abuse and Neglect is Common
According to the United States Department of Health and Human Services, “Based on data gathered from 39 states, 5,321 daycare providers were found to be perpetrators of abuse or neglect.“
While many daycare providers were safe and careful, inadequate supervision, neglect, and abuse at childcare facilities are significant problems across the country. Daycare employee negligence is the leading cause of child injury at daycare centers in Texas.
What is Texas Law for Daycare Centers?
The Texas Department of Family and Protective Services regulates daycare facilities. This agency inspects facilities ongoing for compliance with regulations, investigates accidents and suspected abuse, and maintains a hotline to report abuse anonymously (1-800-252-5400).
State regulations mandate strict supervision of children at daycare facilities. “Supervising children at all times means that the assigned caregiver is accountable for each child’s care.”
Supervising includes responsibility for the ongoing activity of each child, appropriate visual and auditory awareness, physical proximity, and knowledge of activity requirements, and each child’s needs.”
Stricter laws govern the supervision of infants. Generally, infants need to be watched to ensure they are not hurt. If your child has been severely injured at a daycare– call our daycare injury lawyers to discuss your family’s rights.
What is Child Protective Services Role After an Injury?
With more serious injuries, Child Protective Services (CPS) will probably be notified and investigate aimed at protecting the child from further harm. CPS will look for a rule violation by the daycare center. Even if CPS finds a rule violation, usually a slap on the wrist is all the daycare center will get.
Commonly, a child is injured, and the CPS finds no rule violation by the daycare center. Fortunately, the findings of the Child Protective Services are not binding upon the parents of the injured child. We have won many daycare accident cases when Child Protective Services did not cite the center for a rule violation.
If the daycare denies the injury occurred at the facility, CPS will interview the parents.
Choosing an attorney with a substantial track record in handling daycare negligence cases should be a top priority for you. We have handled hundreds of daycare negligence lawsuits and obtained millions for our clients.
There is NEVER a charge for an initial consultation about a daycare injury. Call us at (281) 587-1111 or click here to request a consultation.
Legal Options After Injury at a Daycare
If a child is injured at a daycare center from negligence or inadequate supervision, parents have the option to file a personal injury lawsuit on behalf of the minor child.
Generally, we must prove that the defendant’s daycare employees acted negligently and that the defendant’s negligence caused the injury or death.
Wrongful death lawsuits have the same standards of proof and can be filed by parents after a child’s death. Parents may seek compensation for their damages, like medical expenses or time taken off work to care for an injured child. However, in Texas, courts take the obligations to a minor seriously and always try to ensure the minor is being treated fairly, and their best interests are represented.
Settlement Options
Usually, the court will order the minor’s money to be held in the registry of the court until the child turns eighteen. Another option for dealing with the child’s injury money is to buy an annuity from a reputable insurance company to pay the proceeds to the minor later in life. An annuity option is a preferred option for larger daycare lawsuit settlements.
Time Limits on Claims
The claims of the parents are generally subject to the two-year statute of limitations in Texas. The statute of limitations for the claims of the minor may be valid until the child turns eighteen, giving children until they are twenty to pursue some damages.
Parents should discuss both statutes of limitations with a daycare negligence attorney, so they understand the period to file and the damages they may seek. However, delaying the initial investigation or filing a lawsuit can make a case much more complicated and sometimes impossible to win because of losing evidence and witnesses and the status of the daycare facility.
What Should I Do After My Child is Injured at a Daycare?
The first step is to look out for the health and safety of your child. Obtaining A personal injury claim against a daycare center for an injury to your child is handled the same way as other personal injury lawsuits. The exception is when the case is settled or funded.
Collect Evidence
As soon as you learn about your child’s injury at the daycare facility, try to collect vital evidence. In Texas, parents must sign an incident report provided by the daycare center shortly after the injury. The report is a requirement to ensure that the center notifies the parents of the incident.
Keep the incident report and all other documents you signed or filled out with the daycare center. Also:
- Ask for all video of the incident.
- Keep notes of the personnel’s responses to your questions about what happened and if there is a video.
- Put everything that you collect into a folder.
- Keep business cards, bills, and records provided to you by the hospital or any medical providers.
We do not require that you organize the information when you meet with us, simply that you bring everything.
Take Photos
Photograph your child and even video if appropriate. The saying that “a picture is worth a thousand words” applies in personal injury litigation. It is much more powerful to show the adjuster or a jury the impact the injury has had on your child. Keep all photographs and videos digitally. Please provide us with the pictures and videos so we may preserve it on our system.
You will want to document the injuries with these photographs or video or both:
- at the scene or soon as you can take the photographs
- pictures of the area where the injury occurred
- document visible injuries on your child
- take subsequent photos during the recovery time.
Keep the dates of the photographs for organization and trial presentation purposes.
When They Won’t Cooperate with You
Frequently, the daycare center will not cooperate with you when you asked them for a video of the incident or a more detailed factual basis for the accident.
While daycare is in Texas must produce an incident report, we have found repeated examples of the report not reflecting how the accident occurred. If you have trouble with the daycare center getting the information, we can help.
Often, it takes a lawsuit to force them to provide the documents and information to win the case.
Fighting for Children For 35 Years
For over three decades, we have fought for maximum compensation for children severely injured at daycare centers. Our track record of success for Texas children is exceptional.
Common daycare injury cases we handle:
- Fractures and broken bones
- Cuts
- Dislocations
- Poisoning
- Surgical intervention
- Severe burns
- Other serious injuries
- Wrongful death
We are routinely referred daycare injury cases by other attorneys because of our experience in winning daycare negligence lawsuits and obtaining huge settlements for the injured child.
Talk with a Top-Rated Daycare Injury Lawyer in Houston
One of the most vital decisions you make regarding protecting your child’s financial future after a daycare injury is who you pick to represent you. The earlier in the process, you hire a daycare injury lawyer, the better.
Our daycare injury attorneys have handled numerous severe injury and wrongful death cases stemming from daycare neglect and negligence. We have a proven track record and a long list of satisfied families.
If your child was killed at a daycare center, we have experience in winning wrongful death cases from daycare negligence. Because we help so many families after their child has been injured at a daycare center, we have the experience, reputation, and know-how to help you.
Every daycare injury case, we accept we handle on a contingency fee basis. That means we charge you nothing out of pocket and only get paid if we get money for your child. And because we are representing the interests of the child, our fees are typically reduced from what we usually charge. A court must approve all expenses and charges before we can be paid.
(Please note we do NOT handle claims against public schools).
Common Questions About Daycare Injuries
What is Daycare Negligence?
When a parent entrusts their most precious possession to someone to care for in their absence, they expect the caregiver to be diligent and caring. Unfortunately, many daycare centers lack skilled caregivers sufficiently trained to protect young children.
A daycare center is a duty to supervise the children in their care and follow the rules set forth that apply to daycare centers in Texas. The most common act of negligence by a daycare center is failing to supervise a child adequately. Failing to monitor can be taking their eyes off very young children, being distracted by another child, or even leaving the room temporarily.
Violating the safety rules that apply to young children, such as which play equipment they can utilize based upon age, can also be an act of negligence. Another example would be failing to follow the formulas for teacher-child ratios.
If your child is injured at a daycare center, contact an attorney experienced in handling daycare negligence litigation when after the accident.
What to do After a Daycare Injury?
If your child was injured at a daycare center, obviously, you will do what is necessary for your child to get the medical treatment they need. Following up with the treating physicians is recommended.
In Texas, the daycare facility must give you written notice whenever a child has been injured at the daycare. Keeping a copy of that disclosure and obtaining a more detailed description of the incident is necessary. Asking for copies of videotapes and statements from employees can be helpful if you pursue a claim.
Sometimes, the Texas Child Protective Services Agency will investigate the incident and tried to determine how the child was injured and if the daycare violated any rules. However, the investigation by Child Protective Services is aimed at protecting the child and preventing a future occurrence and not necessarily to benefit the claim made by parents for the injury to their child.
After you have obtained all the factual information you can get from the daycare center, contact an attorney experienced in daycare center negligence litigation. We have been helping families pursue civil justice for injuries to children at daycare centers for over 35 years. Call us for a free no-obligation consultation at (281) 587-1111.
How to Pick an Attorney for a Daycare Injury?
Choosing an attorney to fight for your child’s financial future after being hurt at a daycare center is a daunting task. Here are a few guidelines to help you select the appropriate attorney for your case.
Experience Matters
Choosing an attorney for a daycare accident requires finding a lawyer who has handled numerous cases involving daycare injury. Daycare negligence claims need an attorney who is well-versed in the regulations applicable to daycare centers. And trial experience and the ability to dedicate the time and resources necessary are also essential considerations.
Always Choose Local
You should always pick an attorney licensed in the state where the incident occurred. Choosing an out-of-state attorney, even when they have vast experience in daycare litigation should not be your first choice. Out-of-state attorneys are at a disadvantage, well known to the insurance carriers for the daycare center.
Trust your Intuition
Selecting the best attorney for your case requires judgment on your part. Consider the compassion of the attorney, whether they have the time and resources to devote to your lawsuit. If you sense the attorney is too busy to talk with you about the matter, you probably are correct. Also, research the attorney’s reputation with similar cases.
How are Injury Claims Against Daycare Centers Handled?
When a child is injured at a daycare center in an accident, parents may want to look at making a civil claim for damages against the daycare center.
In Texas, injury claims that involve a minor or handled differently than if the injured person is an adult. With an injury to a minor, even where a settlement is reached, a lawsuit must be filed. A judge will appoint an ad litem, who is an attorney, to advise the court on the fairness of any settlement agreement with the minor.
If the case is not settled, the general rules of litigation apply, and the burden of proof falls upon the family to prove negligence by the daycare center and the damages incurred.
Daycare centers must operate under safety rules promulgated by the Texas Department of Family and Protective Services under the minimum standards for childcare centers in Texas. Choosing an experienced attorney for daycare negligence litigation is essential.
Related Information
How Do Lawsuits Against Daycare Centers Work?
Five Telltale Signs of Daycare Negligence
Common Causes of Injuries at Daycares
What To Do If Your Child Is Injured at a Daycare Center
What are the Daycare Provider’s Responsibilities If My Child Gets Hurt?
How to Choose a Daycare
