Houston Daycare Negligence Lawyers
Texas Daycare Accidents & Your Right to Hold At-Fault Parties Responsible
Selecting a daycare provider for your child is an important process. While most licensed caregivers will do their best to protect children from harm, individuals and organizations occasionally do act negligently and fail to meet their duty to protect the children in their care from injury. Worse still, some daycare providers willfully cause harm to their charges, which can result in devastating trauma for the children in their care.
At Arnold & Itkin LLP, we are passionate about fighting for children who have been injured. Our team has a long record of victory holding negligent caretakers accountable. We are here to protect your family during this difficult time and make sure this never happens again.
We can hold those responsible for your child’s injury accountable, providing compassionate care and support throughout your case. Contact our Texas daycare negligence lawyers to learn more during a free, private consultation.
Examples of Daycare Negligence
Failure to Properly Supervise a Child
If a child is lost, injured, or otherwise harmed due to a lack of reasonable supervision, this can be considered negligence.
Failure to Attend to a Child's Special Dietary Needs
When a daycare provider is aware of a child's severe allergy or other dietary restriction, he or she must take reasonable care to protect that child from foods that could cause harm. If your child suffers an allergic reaction to foods he or she should have been kept away from, this can also be considered an act of negligence.
Failure to Provide Safe Premises
Neglecting to provide a safe environment can take many different forms, ranging from the provision of dangerous or age-inappropriate toys to using defective or recalled cribs. Leaving medicines or toxic substances in reach of children is another example of neglecting to provide safe premises.
Failure to Screen Employees
Daycare centers must legally do their best to protect children from dangerous individuals. If centers do not screen or conduct background checks on their employees, and inadvertently hire a dangerous predator or even a person who isn't qualified to provide care, they may be held liable for negligence.
Common Types of Daycare Accidents & Injuries
Accidents Involving Toys or Equipment
Toys that have been involved in safety recalls, toys with small or loose parts, or poorly maintained outdoor equipment can all cause injuries. Falling, choking, and hazards are all real dangers when daycare centers allow the presence of unsafe toys and equipment.
Accidents Involving Other Children
If left unsupervised, children can cause injuries in a variety of ways, including hitting, biting, kicking, or inadvertent collisions.
Injuries Involving Food
When daycare centers provide food, it can present many different dangers. Spoiled or contaminated food can cause illness, and foods that induce allergic reactions can cause serious injury or even death when given to children with negative reactions.
Visible injuries such as bumps, bruises, cuts, or even broken bones could all be indicative of daycare negligence or abuse.
Daycare Injury FAQ
Can I sue my child’s daycare for neglect?
If your child was seriously injured while at daycare, you might be able to sue—if your attorney can prove that the facility or a caregiver at the facility failed to provide a proper level of care or supervision. Another possibility is a failure to maintain reasonably safe property grounds. But, kids are rambunctious and can be injured in accidents even when they’re being properly supervised. Your attorney can work with you to complete an investigation that reveals exactly how and why your child was injured to shed light on whether the daycare can be held accountable.
What does a daycare negligence investigation usually involve?
When you sue for daycare negligence, the burden of proof lies with you, the plaintiff. That means that you and your attorney will need to show how the facility or a caregiver is responsible. In investigating and building a case, we’ll often work with investigators and accident reconstruction specialists to recreate the scene and see how the incident occurred. A playground accident case, for example, could be based on evidence that the equipment was not properly maintained or that the playset was not adequately visible to the person responsible for watching the child at the time he or she was injured. Photographs, witness testimony, and accident reconstruction can all prove liability in a daycare injury case.
How should I take action regarding a daycare injury?
In any case of alleged daycare negligence, the plaintiff bears the burden of proving that the harm to the child was the direct result of negligence by the daycare provider. The plaintiff must also show that the negligence led to some type of injury or damage, such as medical bills or emotional suffering, for which reimbursement can be claimed. It is important to have an experienced Texas lawyer on your side.
Call a Texas Daycare Abuse & Negligence Lawyer: (888) 493-1629
Daycare workers cannot be allowed to act recklessly. If you are considering filing a negligence or abuse claim against your child's daycare provider, Arnold & Itkin LLP can help you collect the evidence you will need to receive just compensation for the harm incurred by your child. We work on a contingency basis, so you don't pay a dime unless your case is successfully resolved.
Arnold & Itkin is here to help protect your child. Contact a Texas daycare injury attorney at (888) 493-1629 at our office today for a free, confidential consultation.