If you or someone you know has a child who was harmed by their daycare teacher, schedule a free consultation with a Texas daycare injury lawyer today. We know how difficult getting through this can be. The Button Law Firm wants to help guide you – as we have helped guide many parents and families within Dallas, Houston, and the surrounding areas.
You can give us a call at (214) 699-4409 or email us at [email protected]. You can also contact us by filling out the form below or chatting with a member of our team.
The Problem with Negligence in Texas Daycare Centers
Children biting other children is a frustrating problem most daycare centers are very familiar with. Toddlers, in particular, are prone to biting. There is no one solution to stopping children from biting, our Dallas injury lawyer adds.
Daycare centers need to closely supervise biters and create a plan for prevention. It’s a good idea to ask about how a daycare deals with biting and other injuries before enrolling your child.
Depending on the severity of the bite, you may be able to pursue damages for reimbursement of current and future medical expenses, as well as other costs associated with the injury. Seek the advice of a daycare injuries attorney as soon as possible.
Common Reasons for Biting
Children bite for a variety of reasons that usually have more to do with communication rather than aggression. Some common reasons include:
- Teething. Infants and toddlers who are teething might bite to help relieve their discomfort.
- Frustration. Kids often cannot communicate their feelings when they are frustrated, and biting can be a good way to release tension.
- Exploration. Young children who are exploring the world like to put things into their mouths, and they often don’t understand the difference between an object and a person.
- Cause and effect. Curious children often do things just to see what will happen, and that could include biting another child just to get a reaction.
- Attention. When kids aren’t getting enough positive attention, they may try to get attention by misbehaving. Children learn quickly that biting another child is guaranteed to get a reaction.
- Imitation. If a child has seen other kids bite someone, they may decide to try it as well.
When biting incidents happen, the childcare provider should separate the children immediately. Care for the bitten child should include soothing the child, cleaning the wound, and seeking medical treatment if the bite has broken the skin. After the biting victim has calmed down, the caregiver should deal with the biter.
Parents should keep an eye on the bite wound, looking for signs of infection. They should also check with the pediatrician to determine whether their child has a current tetanus shot and if they should get any other vaccinations. There is a small chance that a virus such as hepatitis B could be transmitted if the biter has the condition and bites an unvaccinated child.
Why a Daycare Could Be Held Liable
If your child is bitten at daycare, the staff should share an incident report with you and explain exactly what happened. A daycare could be held liable for the incident if they knew the child had a tendency to bite or had bitten another child in the past and did nothing to stop it.
If they were not supervising the children properly or neglected to seek medical care, this could also point to liability.
Although most parents sign a waiver of liability at the daycare center that indicates they will not sue in the event of an injury, daycare centers do not have immunity from consequences if they were negligent. These clauses are meant to discourage parents from filing lawsuits, but if a child is injured because of a daycare’s negligence, parents have a right to sue.