Picture this: You drop your child off at a daycare center, trusting that they’ll be safe and happy while you are at work. But what if, despite all of your careful steps to select the best-rated daycare center, your little one suffers a burn injury? As a parent, your child’s well-being is your top priority, and we understand the deep concern that arises from a burn incident involving your child.
That is why our Texas daycare injury lawyers are educating parents across the Lone Star State about how to hold the daycare center accountable and the time frame for legal action if your child experiences a severe burn injury at a daycare center.
Understanding How Daycare Burn Injuries Happen
Before we delve into legal options, we want to touch on daycare burn injuries, including how they happen and how they can impact a child’s health.
Burn injuries at daycare centers often happen because of a lack of supervision by caregivers or inadequate training and procedures. According to Johns Hopkins Medicine, nearly 75% of all scalding burns in children are preventable.
Our knowledgeable daycare injury lawyers have seen firsthand that bottle warmers are a common cause of daycare burn injuries for babies and toddlers. Bottle warmer burns happen when:
- An unsupervised child pulls a loose cord on the bottle warmer, causing boiling water or milk to spill on them. This is called scalding, which is the primary way that toddlers and children are most likely to be burned, according to Johns Hopkins Medicine.
- An improperly stored bottle warmer tips over because it is not safely secured.
- A bottle warmer is unsafely left on a surface within reach of a child and knocked over.
Children at Texas daycare centers can also experience chemical burns when strong cleaning products like bleach are not properly stored or kept out of reach from little hands. Curious children can even experience electrical burns from shock incidents when they stick fingers or toys into electrical outlets that are not covered in a classroom or bite an unsecured electrical cord.
Understanding the Severity of Child Burn Injuries in Children
Burn injuries are among the most serious injuries that a child can sustain. They are the leading cause of death and disability among children ages 1-4, according to a 2022 study published in the National Library of Medicine. The World Health Organization even lists burns among the top 5 most common childhood injuries. Burn injuries often require expensive, intense medical treatments and procedures, long-term care, and substantial rehabilitation because of extensive pain and damage to the skin and, in severe cases, tissues and vital organs.
Can I Hold the Daycare Center Responsible for My Child’s Burn at the Facility?
As we established earlier in this article, a vast majority of burn injuries at daycare facilities happen when the center and/or its workers do not follow daycare safety laws known as minimum standards. The standards cover daycare operations ranging from how to supervise children properly and how to store bottle warmers to burn awareness and prevention tactics.
When a daycare center does not follow the standards and a child is severely burned at the facility, this is called negligence. Parents have a legal right to file a civil lawsuit in an attempt to hold the daycare center accountable for its negligent actions that led to a child getting burned. A lawsuit would also help you seek compensation, known as damages, to cover:
- Pain and suffering
- Your child’s current medical and long-term care expenses
- Therapy and other resources to help your child cope with mental anguish and other limitations caused by a severe burn injury
In the tragic event that your child passes away because of medical complications caused by their burn injury, your family can file a wrongful death of a child lawsuit. This legal action can help your family get justice and closure and potentially secure compensation to cover funeral expenses, medical expenses incurred before the child’s passing away, emotional damages, and more.
What is the Time Limit to File a Lawsuit After My Child Is Burned at a Daycare Center?
You have two years from the date of your child’s burn incident at the daycare center to file a lawsuit in Texas. This deadline is known as the statute of limitations. However, it is important to file a claim as soon as possible. Filing quickly can strengthen your case. Gathering evidence from surveillance cameras and electronic communications like text messages and emails and speaking to caregivers while memories of the incident are still “fresh” can greatly benefit your case.
Our Texas Daycare Injury Lawyers Can Help After Your Child is Burned at a Childcare Facility
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 severely burned 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.