What Parents Should Know About Wrongful Death Claims Against Daycare Centers

Parents who depend on daycare centers to care for their children while at work expect their children to be safe and well cared for, but this is not always the case. Based on a study published in 2018, over 90 children lost their lives at Texas daycares in the past decade, and in 2017 alone, over 2,237 daycares were reported for child abuse or neglect nationwide. 

If you lost a child due to daycare negligence, we are so sorry. We know that no amount of money can bring your child back, but a wrongful death claim can hold the daycare facility accountable —and help keep something similar from happening to another child. Because wrongful death claims are legally complex and emotionally exhausting, our daycare injury attorneys are here to guide you through every step of the process. We want to be more than just your legal guidance; we want to be your emotional support and help relieve any stress we can. 

Types of Texas Daycare Injuries That Can Be Fatal

Children under the age of 12 months are most likely to suffer fatal injuries; however, kids of all ages can be injured at daycare. Here are the most common injuries that children face that cause daycare deaths: 

• Falls
• Choking
• Drowning
• Allergic reactions
• Burns - specifically bottle warmer burns
• Accidental poisonings or drugging
• Suffocation from bedding or stuffed toys
• Shaken baby syndrome
• Being left in a hot van or other daycare vehicles

Where Fatal Injuries Are Likely to Occur in Texas Daycares

When a caregiver is in charge of watching multiple children, their attention can be divided and may lead to a lack of supervision. This lack of supervision can cause injuries to go unnoticed or allow preventable incidents to occur. Some of the most common places where incidents are likely to happen at daycare include:

• Playgrounds: Most daycare centers have playgrounds for kids, and it is essential for children to have constant supervision, or they can get hurt. If children fall from tall playground equipment, they can suffer from severe head or spinal cord injuries that could be fatal. Children can also be strangled from swings or jump ropes, which could lead to a loss of life. 
• Indoor areas: If a daycare facility has furniture that isn't properly secured to the wall, children can be crushed if they pull or climb the object. If kitchens or bottle warmers are not blocked off from children, they can suffer fatal burns. Children can also be poisoned by common cleaning chemicals or medicines if they are not properly secured. 
• Sleep areas: Children can pass away if they are not placed in the proper position for sleeping.
• Pools: If a daycare has a swimming pool or a class takes a trip to a swimming pool, children can drown if they are not properly supervised.

Understanding a Wrongful Death Claim in Texas

In Texas, a victim’s family may file a wrongful death claim in civil court even if the defendant is facing criminal charges at the same time. Liability in a civil case is expressed in terms of monetary damages only. In a criminal case, however, charges are filed by the prosecuting attorney’s office. If found guilty, the defendant could receive punishment in the form of fines, penalties, imprisonment, or probation. 

In a civil case, family members of the victim may be awarded the following damages:

• Medical expenses incurred before the victim’s death
• Funeral expenses of the victim
• Loss of financial support
• Loss of companionship and love
• Mental anguish and suffering

In some cases, the family might be awarded punitive damages designed to punish the negligent or abusive party. Punitive damages are awarded only in cases where the death is determined to have been caused by willful misconduct or gross negligence.

Contact The Button Law Firm if You Have Lost a Child Due to the Negligence or Abuse of a Texas Daycare

In the wake of such a devastating loss, our hearts go out to the grieving parents who have endured the unimaginable tragedy of losing their child due to the negligence of a daycare facility. At The Button Law Firm, we understand the profound pain and anguish that accompanies such a loss, and we are here to offer our deepest condolences and unwavering support during this difficult time.

Filing a wrongful death case is a crucial step towards seeking justice and holding those responsible for their actions. While nothing can ever fully heal the wounds left by the loss of a loved one, pursuing legal action can provide a sense of accountability and closure for the family.

We are committed to standing by your side every step of the way, advocating on behalf of your child and your family. Our compassionate team will work tirelessly to ensure that your voices are heard and that justice is served.

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. Get a free case evaluation by calling us at 214-699-4409, emailing us at [email protected], or filling out a contact form.