As daycare and childcare injury lawyers, we see the many ways negligent daycares allow kids to be seriously injured. However, we want to highlight a safety issue that isn't always discussed at daycares - furniture tip-overs.
As a parent, you know the need to properly secure heavy furniture to the walls. If heavy furniture falls, it can cause serious, life-altering injuries to young kids. You'd expect a daycare to put the same amount of care and concern into furnishing the rooms and protecting kids from becoming victims of furniture tip-over incidents. Sadly, this isn't always the case.
How Furniture Tip Overs at Daycare Put Children at Risk
Most furniture is designed to remain stationary with a limited risk of toppling over. However, when children climb on it, pull cords from it, or otherwise jostle it, the entire piece of furniture may fall over and cause serious injury. For example, the risk of a 20—to 40-pound bookshelf falling on a child is high in these situations.
Incidents like this are usually preventable by daycare management ensuring that furniture is properly secured using wall anchors or straps. Caregivers should also monitor children for inappropriate behavior that could increase the risk of injury.
Possible Injuries From Tipped Over Furniture Incidents at Daycare
Numerous types of injuries can occur due to the furniture falling over. The size and weight of the furniture, coupled with its overall angle of falling (especially with sharp edges), may lead to significant injury. Children can also be injured by items stored on bookcases, cabinets, entertainment centers, and desks.
Some potential injuries may include:
- Crushing accidents. Furniture that falls on a child can obstruct their airway and cause difficulty breathing. Nerve damage, organ damage, and possible amputation of fingers or other limbs may also be a concern.
- Broken bones. A child may suffer one or more broken bones when furniture tips over. Complex fractures requiring additional treatment and healing time are also a possibility.
- Brain damage. If a heavy TV or other item falls onto the child’s head, this can cause damage to the skull. It may also lead to punctures of the tissues and, in some cases, to brain bleeds. Any injury to the brain tissue can create long-term, catastrophic damage.
- Lacerations. Falling glass, sharp edges, and other objects can cause significant damage to the child’s tissues, muscles, and ligaments. In some cases, this can lead to significant blood loss, damage to mobility, and infection risks.
How Daycare Negligence Causes Accidents
A core legal issue in these types of accidents is why the furniture falls. In many cases, it is a lack of supervision. One or more children may climb on top of the furniture, potentially to get something off a top shelf or just for fun. When this happens, the added weight on one side of the piece of furniture may cause the entire object to topple over. Proper supervision of all children attending the daycare will minimize or eliminate this risk.
Another potential cause of negligence may be the installation of furniture that should not be in the space. For example, if a dresser or bookshelf is added to the space and not properly anchored to the wall behind it, that may lead to an accident like this. In a daycare setting, steps should be taken to minimize the presence of any dangerous furniture within the child’s reach.
What to Do if Your Child Is Hurt from a Daycare Furniture Tip-Over Incident
After any daycare accident causing injury, your child should see a healthcare provider for a full evaluation. This ensures that your child’s medical needs are met right away. It also helps document what has occurred.
Request information about what occurred at the daycare center. If possible, ask to see videos of the room and what occurred. Contact a daycare and childcare injury lawyer to discuss your case. Your attorney may help you contact witnesses for statements and gather insight into what really occurred to determine who may be at fault for your child's injury.
If you have any concerns about the safety of the daycare facility and the ability of the staff to provide an appropriate level of supervision, you should make alternative childcare arrangements.
Potential Damages in a Daycare Injury Case
In incidents like this, it may be possible for your child to receive recovery for their damages. That may include costs such as:
- Medical bills
- Emergency room visits
- Surgical procedures
- Long-term rehabilitation
- Loss of quality of life
- Pain and suffering
Don’t underestimate the effects of this type of injury. Your child may recover from the initial injury but may have long-term consequences such as mobility problems.
When to Contact a Daycare and Childcare Injury Lawyer
Contact an attorney focused on daycare injuries as soon as you can. This type of incident is often not disclosed to other families using the same daycare services, which means other children are at risk.
You may also want to contact a daycare injury lawyer as soon as this occurs to ensure that witness statements can be obtained and all evidence in the case is accessed as soon as possible. Your attorney will guide you in determining what evidence may be available and explain the necessary steps to make a claim.
Our lawyers 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. Get a free case evaluation by calling us at 214-699-4409, emailing us at [email protected], or filling out a contact form.
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