Many parents in the Greater Houston area rely on daycare centers to look after their children while they work or go to school. Entrusting your child to someone to provide care is a difficult and personal decision. You expect your child will be cared for by a caring and dedicated professional. After putting your faith and trust in a daycare provider, it can be terrifying and devastating to learn your child’s been hurt in any way. But you don’t have to face these terrible circumstances alone. At Hernandez Sunosky, LLP, our top-rated daycare lawyers help families whose child was injured in a daycare setting.
What Types Of Daycare Injury Cases Do You Handle?
Our Houston, TX Daycare Injury Lawyers handle the following daycare injury cases:
- Failure to Supervise
- Failing to provide a safe premise
- Caretaker Negligence
- Physical Abuse
- Sexual Abuse
- Safety Code Violations
- Emotional Abuse
- Psychological Abuse
- Playground Injuries
- Failing to adhere to a child’s special dietary requirements
- Failing to properly screen employee backgrounds
Common Reasons For Daycare Injuries
Common reasons that lead to daycare injuries include:
- Playground-related injuries
- Falling objects
- Bottle warmer burns
- Untrained staff
- Inattention by staff
- Exposure to chemicals or other hazardous substances
What Are The Common Daycare Injuries?
Common daycare injuries in Houston, TX can include the following:
- Cuts and bruises
- Spinal cord injuries
- Traumatic brain injuries
- Heat-related accidents
Who Do I Sue For Injuring My Child?
Depending on the specific circumstances, the following may be liable for a daycare injury:
- The owner of the daycare
- Teachers and instructors
- Other staff members
An investigation is critical to determine who’s responsible for a daycare injury. It’s important to contact an experienced Houston, TX Daycare Lawyer who will conduct an exhaustive investigation to understand why your child was injured.
Are Daycare Liability Waivers Valid In Houston, TX?
When you enroll your child in a daycare, it’s common to sign a number of forms. Included in the forms is a “waiver of liability” which essentially states the daycare isn’t responsible for your child’s injury while in their care. However, this does not mean parents have signed away their right to compensation if their child is injured.
Texas courts have determined a daycare facility cannot waive liability for injury resulting from its negligence and parents cannot waive a child’s right to sue under these circumstances. Thus, although parents sign the waiver of liability as a condition of enrollment, this provision is essentially useless. The waiver of liability provision is often included in a daycare center’s form to simply discourage parents from pursuing a claim or lawsuit.
What To Do When Your Child Is Injured At Daycare?
Daycare accidents are not planned events. No one expects their child will be involved in an accident at daycare, but at least you can be prepared if one occurs. You should do the following to protect yourself and your child:
- Seek Immediate Medical Attention
Contact your child’s pediatrician to schedule an immediate appointment for a medical evaluation. In severe cases, go to the emergency room. Don’t wait to see if the injury will resolve by itself. When speaking with the doctor, mention your child was injured at daycare.
- Collect Evidence
As soon as you learn of the injury, begin gathering as much evidence as you can. Identify witnesses, take photographs of your child’s injury, request surveillance video (if any) be preserved, and keep your medical bills and other records.
- Contact An Experienced Houston Daycare Injury Lawyer
If your child has been injured due to the negligence of a daycare provider, you have a right to recover compensation for the injuries your child has suffered. If you need to speak with a lawyer, contact us. We offer free consultations.
Texas Daycare Regulations
Texas state law mandates certain minimum standards for daycare facilities, including those involving:
- Basic care requirements for infants, toddlers, and school-aged children
- Proper supervision
- Safety precautions
- Records that must be kept on file
- Personnel requirements
- Child/Caregiver ratios and group sizes
- Classroom and field trip ratios
My Child Was Injured In A Houston, TX Daycare. I Need Help.
The lawyers at Hernandez Sunosky, LLP. fight to hold daycares responsible for injuries to any child. Schedule a free consultation by calling 713.981.4100. There are no upfront fees for your call with us.