You left your cheerful toddler at daycare, only to find them in tears and distress when you picked them up later. While it's evident that an injury occurred while your child was under the daycare's care, holding the daycare responsible for the pain and suffering requires proving negligence and causation. This process is crucial and often complex, necessitating the expertise of a seasoned Texas daycare abuse attorney to navigate the legal intricacies and seek justice for your child.
Signs Your Child Has Suffered from Daycare Negligence or Abuse in Texas
If you feel something isn't right at your child's daycare, it's essential to trust your instincts. Take a closer look at our list of symptoms that may indicate negligence or abuse at your child's daycare facility. By being vigilant and informed, you can better protect your child's well-being and take proactive steps to address any concerns you may have about their safety and welfare in daycare.
Your child may have been abused, mistreated, or neglected at daycare if you notice the following signs:
- Unusual hunger or thirst
- Unchanged diaper
- Dirty hands and face
- Unusually aggressive behavior
- Unusually withdrawn behavior
- Sleep disturbances
- Unexplained injuries
- Flinching in response to your movements
- Reluctance to go to daycare
A full comprehensive list of symptoms can be found by clicking here.
Regardless of the severity of your child's injury, holding the daycare accountable is crucial. It's worth noting that daycare workers sometimes withhold information about injuries, fearing repercussions or job loss. However, as a parent, you have the right to transparency and deserve to know the truth about your child's well-being. Contacting an experienced daycare injury lawyer is a great way to ensure the daycare takes responsibility for its negligence.
How to Prove Negligence When Your Child Is Injured at Daycare
Whether you receive notification of your child's injury from the daycare center or discover it at home later, your first action should be to seek medical attention. This step is crucial not only for your child's immediate health and recovery but also for any potential injury claim you may pursue in the future. Comprehensive medical records detailing the timing and severity of the injury will be essential evidence in any subsequent settlement negotiations. Additionally, keeping a record of all treatment expenses will ensure fair compensation for your child.
However, it's important to understand that the injury alone may not be sufficient grounds for legal action. Accidents can occur, and sometimes no one is at fault. To establish liability on the part of the daycare center and its staff, you will need to demonstrate the following:
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Breach of duty of care: You must prove that the daycare employee failed to exercise reasonable care to prevent a foreseeable injury. This shows that the circumstances leading to the injury were ones that a responsible daycare center should have anticipated and prevented. For instance, if a child is left unsupervised on playground equipment and sustains an injury, it may indicate a breach of duty of care on the part of the daycare.
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Causation: In addition to proving negligence, you must establish that the daycare center's actions or inactions directly caused your child's injury. The court will scrutinize whether any intervening factors contributed to the injury and determine if the negligence of the daycare employee was the primary cause.
For further guidance on reporting daycare negligence and abuse, refer to our comprehensive article by clicking here.
Contact The Button Law Firm if Your Child Was Injured at a Texas Daycare
Our knowledgeable and compassionate daycare injury attorneys at The Button Law Firm are dedicated to holding negligent daycare centers accountable when a child suffers from an injury due to daycare neglect or abuse. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our team at The Button Law Firm is 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, email us at [email protected], or fill out a contact form for a free case evaluation.
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