You drop off your child at daycare, expecting you’ll pick them up later unharmed. However, daycare facilities and staff can expose young kids to dangers that lead to injuries or death. When that happens, you need an experienced legal team to help hold the negligent parties accountable for their misconduct.
At The Benton Law Firm, we dedicate our time and attention to representing injured children and their parents. We are here to help your family through this devastating situation and pursue the compensation you deserve. Call our daycare injury lawyers in Dallas (214) 777-7777 today for a free consultation.
Common Causes of Daycare Injuries
Caring for children can be challenging. However, as a parent, you expect the daycare center to have qualified and experienced staff. You believe your child will be in good hands while you spend your day running errands, working, and tending to other responsibilities.
Some facilities cut corners to save money, ultimately increasing the risk of neglect, accidents, and unsafe environments. The most common factors contributing to daycare injuries include:
- Unqualified employees – Daycare workers must meet specific requirements to look after young children. Those requirements include having a high school diploma and passing a background check. Some daycare centers hire unqualified or inexperienced employees to fill vacant positions and continue operations.
- Dangerous premises – Daycare centers must follow various safety protocols. These protocols cover everything from handwashing to equipment. The property might be unsafe due to a lack of safety measures. A child can get hurt from unsecured shelving falling off the wall or playground equipment with damaged or missing parts.
- Inadequate staffing – Daycare workers are limited to a specific number of children they can supervise. Some facilities don’t have enough staff to properly care for and manage every kid. That can lead to a child wandering off the property or engaging in harmful behaviors.
- Criminal activity – Some daycare employees participate in illegal acts. They might abuse or neglect the children they’re supposed to protect. That can lead to severe injuries.
Common Injuries Children Sustain at Daycare
At daycare centers, small children can get hurt under numerous circumstances. Accidents can lead to injuries, such as:
- Burns – Infants and toddlers can suffer burns from touching unattended bottle warmers or unattended coffeepots in staff break rooms.
- Broken bones – Children are susceptible to severe injuries, especially during falls. They can fall down the stairs, off the jungle gym, or on a hard surface and fracture a bone.
- Heatstroke – A kid’s body temperature can increase rapidly, especially while playing outside in hotter months. Negligent caregivers might not monitor the children properly for water breaks, leading to heatstroke.
- Suffocation – Children often don’t understand the dangers of loose ropes, cords, and other items that could wrap around their necks. They can also choke on food if daycare staff doesn’t monitor meals and snack times.
- Brain injuries – A brain injury results from trauma to the head. Permanent damage can have long-term consequences for the child, including developmental delays and cognitive disabilities.
- Poisoning – Daycare staff must keep hazardous substances out of reach of children. Kids can access and ingest cleaning products, dish detergent, and other chemicals. Swallowing certain substances can lead to severe illnesses or death.
Warning Signs of Abuse at Daycare Centers
Although accidents are sometimes only accidents, daycare injuries can result from negligent or abusive actions. You are your child’s greatest advocate and must watch for warning signs of abuse to keep them safe.
Common warnings signs of daycare abuse include:
- Separation anxiety – Separation anxiety is a normal part of daily life for some families. You might see your child cry whenever you drop them off at daycare. However, if your son or daughter never had an issue before and suddenly doesn’t want you to leave them alone, it might be a sign of abuse.
- Regression – Your child might show signs of regression in their emotional, cognitive, or physical development. You should determine when the regression began and whether you can link it to a specific situation or employee’s actions.
- Unexplained fear – Your child might exhibit unexplained fear around one of their caregivers. That could signal physical abuse.
- Excessive crying – Children sometimes cry when they get hurt or don’t know how to express their emotions. However, constant crying or crying more than usual is abnormal. That could indicate an underlying problem.
Possible Compensation for a Daycare Injury
If your child gets hurt at daycare, you might be able to hold the facility liable. You should explore the options, including filing an injury claim or lawsuit. The money you recover might compensate you for the following:
- Medical expenses – Adequate compensation might pay for prescription medication, hospital visits, and other treatments your child needs to recover from their injury
- Loss of income – You can receive compensation for the income you could not earn while caring for your child after the accident.
- Loss of enjoyment of life – You can pursue a monetary award for the suffering your child endures after the daycare accident. Their injury might significantly diminish their quality and enjoyment of life.
- Emotional distress – Your child might experience emotional or psychological trauma after the accident, requiring therapy or counseling.
- Loss of earning capacity – A permanent or disabling injury can create future employment challenges for your child. The compensation you receive might cover the income they cannot earn when they’re old enough to work. They might require specialized training or education to seek a suitable job.
Deadline to Pursue a Lawsuit in Texas
You can sue the daycare center or an employee for your child’s injuries. There is a strict timeframe you must follow that is dictated by Texas’s statute of limitations. The statute of limitations for injury cases allows a two-year timeframe to file a lawsuit. That means you have two years from the accident date to initiate your lawsuit against the negligent party.
Fight for Your Child’s Future with The Benton Law Firm
At The Benton Law Firm, we understand the devastation of discovering your child’s injury happened because someone you trusted behaved carelessly. You do not have to go through the legal process alone. Let our daycare injury lawyers in Dallas handle your case and fight the daycare center while you get your child the treatment they need to heal.