Baby on changing table at daycareYou are most likely reading this article because the unthinkable has happened: Your child experienced a fall while at a daycare center and they were seriously hurt by the incident. Having worked on many daycare injury cases over the years, we know what you are going through and are here to help.

Our Texas daycare injury attorneys at The Button Law Firm are guiding parents, like you, through the legal options they can take to hold the daycare center accountable and get justice following their child’s injury caused by a fall at the facility.

Understanding the Serious Nature of Fall Injuries at Daycare Centers

Nearly 3 million children are hurt every year because of falls, including those that occur at daycare centers in Texas. In fact, children younger than 5 years old are at the greatest risk of experiencing a fall-related injury, according to a medical article by pediatricians published in January 2023. And, sadly, the Centers for Disease Control and Prevention states that more than 70% of brain injuries in children 0-4 years old are from falls.

Many of these incidents are preventable and often happen at daycare centers because of neglect and a lack of supervision by caregivers. Most commonly, fall injuries at daycare centers in Texas happen when:

  • Children are allowed to play in inappropriately high loft spaces
  • Distracted or untrained caregivers drop a child they are holding
  • Infants are left unsupervised on changing tables and roll off the high surface  
  • Playground equipment such as slides, jungle gyms, and monkey bars are improperly maintained
  • Unrestrained and unsupervised little ones wiggle or stand up and fall from highchairs

Can I Sue the Daycare Center If My Child Is Hurt by a Preventable Fall?

Yes, parents have the legal right file a claim or lawsuit in order to hold the daycare and caregivers responsible for their negligence and failure to keep a child safe. A lawsuit will lead to an investigation that delves into how the daycare center failed to follow the state laws and minimum care safety guidelines that could have prevented the child’s fall and his/her subsequent injuries.

You can learn more about the process of filing a lawsuit in this video.

It is important to speak with our knowledgeable daycare attorneys at The Button Law Firm, who will listen and determine the best way to help you and your family move forward. 

What Am I Entitled to If We File a Lawsuit After My Child’s Fall Injury at Daycare?

In a daycare fall injury lawsuit, damages are awarded by a court for the monetary, physical, emotional, or psychological impacts that result from your child’s fall injury if the injury was preventable and caused by someone else, such as the daycare center and its caregiver(s).

Damages that a family may be compensated for include:

  • Emotional distress
  • Medical expenses, including a child’s ongoing or future medical treatments and therapy
  • Pain and suffering

In the tragic event that a child experiences a fatal injury because of a preventable fall at a daycare center, surviving parents may be eligible for compensation in a daycare wrongful death lawsuit to cover: 

  • Emotional damages such as pain and suffering
  • Funeral expenses
  • Loss of consortium for family members
  • Loss of income
  • Medical expenses incurred prior to a child’s passing away
  • Other unexpected costly fees

Explore your legal options by calling us at 214-699-4409 or fill out a contact form for a free consultation.

What are the Time Limitations to File a Lawsuit Against a Daycare Center for a Child’s Fall Injury?

The state of Texas has a time limit of two years from the date of your child’s fall incident at the daycare center to file a lawsuit. This limit is also referred to as the statute of limitations. However, our Texas daycare lawyers recommend that you do not wait that long to file a claim. Filing quickly can strengthen your case since it is more beneficial to identify and gather evidence from various sources. Surveillance camera footage, electronic communications like text messages and emails, and speaking to caregivers while memories of the incident are still “fresh” can help you hold the daycare accountable for the negligence that caused your child’s injuries.

How Much Is It to Speak to an Attorney If My Child Was Hurt by a Fall at Daycare?

Our attorneys at The Button Law Firm work on contingency. This means that we don’t charge you or collect any upfront fees to speak with you or begin work on your case. You can call us at 214-699-4409 or fill out a contact form for a free consultation.

More Information to Help Parents After a Daycare Fall Injury

Our Texas daycare injury lawyers have also created several free articles and videos to educate parents about the serious nature of fall injuries and what to do if your child experiences a serious injury because of a fall at a childcare facility:

How Our Texas Daycare Injury Lawyers Can Help with a Child’s Fall Injuries

Our team of experienced and compassionate daycare injury attorneys at The Button Law Firm is dedicated to advocating for you and your family if your child is seriously injured from a fall while in the care of a Texas daycare facility. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our attorneys at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409 or fill out a contact form for a free consultation.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.