If your child has been injured in a daycare facility, a daycare injury lawyer can help. Proving negligence in daycare injury cases 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.
Proving Negligence in Daycare Accident Claims — Common Challenges
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:
Lack of Direct Evidence
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.
Difficulty in Establishing Breach of Duty of Care
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.
Meeting the Standard of Care
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.
Contributory Negligence
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.
Establishing Causation
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.
Limited Documentation
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.
Time and Memory Constraints
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.
Expert Testimony
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 Company Resistance
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.
What to do After Your Child is Injured at Daycare?
Here is a short video explaining what to do when your child is hurt at a daycare center.
Contact the Daycare Negligence Lawyer at Baumgartner Law Firm for Help.
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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