Approximately 1 in 3 children will suffer a bone fracture before they turn 18, according to a Mayo Clinic study published in the Journal of Bone and Mineral Research. Delving in deeper, a separate study published in 2020 found that 11-year-old girls and 13-year-old boys had the highest incident rates for factures. While some may consider broken bones as a rite of passage in childhood, parents should be alarmed when a young child experiences a bone fracture of any kind. These incidents are especially concerning when they happen at a daycare center in Texas.
For young children, bone fractures that occur at a Texas daycare center can have a lasting impact on the child’s well-being. For example, a fracture can impede the proper growth of the bone, causing long-term health and quality of life complications if the break is not immediately treated. Serious fractures, like skull fractures, may require extensive medical treatment, including time in a cast, brace, or even surgery. In addition, trauma resulting from the daycare incident that caused a child’s broken bone and the immense pain experienced from the injury may cause a child to develop fears or anxiety related to the daycare center and its teachers.
In this article, our Texas daycare injury lawyers at The Button Law Firm provide an overview of bone fractures. We share the common scenarios that can cause broken bones at daycare centers and legal options parents may pursue if their child suffers a bone fracture injury at a childcare facility.
How Do Bone Fracture Injuries Happen at Daycare Centers in Texas?
Bone fractures in Texas daycare centers are easily preventable when daycare centers comply with the state’s minimum standards. This includes adequate staffing for child-to-caregiver ratios and children are properly supervised.
However, our knowledgeable daycare injury lawyers have seen first-hand how young children at childcare facilities across the state experience bone fractures when the centers cut safety corners. The most common causes of bone fracture injuries at daycare centers include:
- Daycare Van or Bus Accidents
- Falls: Young children are dropped by a caregiver or fall from a high surface like a changing table
- Finger Crush Incidents: Delicate fingers get caught in a heavy metal door and broken when slammed shut or caught in a door hinge
- Inappropriate Discipline Tactics: A daycare teacher uses illegal, forceful punishment tactics such as grabbing a child by the arm, pushing a little one onto a hard surface, or other physical action that harms the child
- Playground Incidents: A child can be injured when playground equipment at the daycare center is not properly maintained, the child is not closely supervised while playing, or a little one is able to play on equipment that is not appropriate for their age
- Physical Abuse by a Caregiver: A worker at the daycare center purposely hits, kicks, shoves, or punches a fragile little one
- Toys: A child accesses to toys that are not age-appropriate or large toys are not closely inspected by daycare workers for safe construction
- Unsecured Furniture in a daycare classroom can easily tip over and fall on a child
If your child suffered a bone fracture at a daycare center in Texas, access our free resource for parents here. You can also speak to our knowledgeable daycare injury lawyers by calling 214-699-4409 or reach out for a free consultation by filling out a contact form.
Can I Sue If My Child Suffers a Bone Fracture at a Daycare Center in Texas?
If a child suffers a bone fracture while at a daycare center in Texas, parents and legal guardians can file a lawsuit to hold the daycare and relevant caregivers accountable for negligence that caused the injury. Fling a lawsuit against the facility for a child’s fracture allows parents to seek compensation, also known as damages. A family may be compensated for the following damages in a daycare finger injury case:
- Emotional distress
- Medical expenses, including a child’s ongoing or future medical treatments and therapy
- Pain and suffering
Taking legal action will trigger an investigation into the center’s noncompliance with state laws, and safety guidelines which, if adhered to, would have prevented the child’s bone fracture injury. You can learn about the process of filing a daycare injury lawsuit in this video.
What Are the Time Limitations to File a Lawsuit Against a Daycare Center for a Child’s Bone Fracture?
The statute of limitations, or time limit, in Texas to file a lawsuit is two years from the date of the daycare incident that caused your child’s bone fracture. Often, filing quickly is beneficial because it helps with identifying and gathering evidence from various sources while memories of the incident are still fresh. This can help you hold the daycare accountable for the negligence that caused your child’s broken bone(s).
How Much Is It To Speak To An Attorney If My Child Broke A Bone at a Daycare Center?
We work on contingency, meaning we don’t charge you or collect any upfront fees to speak with you or begin work on your case. Ask our Texas daycare injury attorneys questions about an incident at a daycare center that caused your child’s bone fracture by calling 214-699-4409 or filling out a contact form. It’s free.
We Can Help Your Family After A Child Fractures a Bone at a Texas Daycare Center
Our team of experienced and compassionate Texas daycare injury attorneys at The Button Law Firm is dedicated to advocating for you and your family if your child suffers a bone fracture while in the care of a daycare facility. With attorneys in Dallas, Houston, and Midland, we are ready to listen and fight for your family. 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.