Trusting a daycare center in Texas with your child should not come with the risk of a serious injury due to negligence. Unfortunately, many daycare centers fail to properly care for the children they are responsible for. Daycare negligence can lead to serious and sometimes permanent child injuries. As a parent, you may be able to hold the daycare center accountable for your child’s injuries.
Every daycare center in Texas has a duty to provide a proper level of child care and supervision. A daycare center’s duties include maintaining a reasonably safe premises for children, properly supervising children, hiring an adequate number of staff members, and properly vetting and training employees. If a daycare center fails to fulfill any of its duties of care, serious child accidents and injuries can occur.
The legal term for a daycare center’s breach of duty is negligence. If a reasonable and prudent center would have done something differently to prevent the child’s injury, the daycare center in question may be guilty of negligence. The same is true of any of the daycare’s staff members. In some cases, child injuries are from intentional wrongdoing rather than negligence. Examples include child abuse in daycare centers. Whether a child’s daycare injuries are from neglect or abuse, the parents may have the right to file a lawsuit in Texas.
A child may never be the same after a daycare center’s negligence causes a serious accident and injury. Daycare accidents can cause child injuries such as burns, lacerations, broken bones, dislocations, muscle injuries, traumatic brain injuries, spinal cord injuries, organ damage and permanent disabilities. Some injuries can even prove fatal for a child. If a prudent daycare center would not have caused the same accident, the daycare in question may be liable for damages.
A daycare center will be liable for its own acts of negligence, as well as the negligence of its staff members. You may be able to bring a claim against the daycare center for a child injury caused by a negligent or criminal staff member. The rule of vicarious liability makes a daycare center responsible for the actions and omissions of its employees. Before the civil courts will award a family financial compensation for a daycare center injury, the family (or family’s attorney) must prove four main elements.
Proving an injury lawsuit against a daycare center in Texas can be difficult. If you need assistance, contact a Houston personal injury lawyer who accepts child injury cases. A plaintiff’s attorney can help you prove a daycare center’s negligence, recover compensation and achieve justice for your child’s injuries.