Unmaintained Daycare Premises Lawyers in Texas
Unmaintained premises refers to a space that is not properly cared for or kept in good operating condition. Examples at a daycare include broken playground equipment, unsecured doors and fences, inadequate security, and general hazards such as uncovered electrical outlets or wobbly furniture that could hurt children.
In Texas, 1,415 children were seriously injured in licensed daycare center according to a child safety report from the Texas Department of Health and Human Services. Forty percent of those recorded injuries were sustained because of unmaintained premises. Incident documents attributed the injuries to dangerous outdoor equipment, indoor equipment, and general tools at the daycare.
If your child was seriously hurt or fatally injured because of an unsafe condition at a daycare center, our Texas daycare injury attorneys at The Button Law Firm can help you get the compensation your family deserves and protect other children from getting hurt in the future. Call us at 214-699-4409 or fill out a contact form for a free consultation.
What Is a Daycare’s Responsibility to Keep a Space Safe?
The daycare is responsible to ensure its premises are safe for the children in their care. In fact, the December 2022 minimum care standards from the Texas Department of Health and Human Services detail guidelines for daycares on everything from requiring indoor activity spaces and adequate fencing for outdoor play areas to maintaining proper supervision of the children and keeping them in a controlled area for safety purposes.
What Steps Should Daycare Centers Take to Keep Kids Safe?
To maintain the daycare’s premises and keep kids safe, directors, caregivers, and other daycare workers should take the following steps:
- Keep the facility clean and well maintained. This includes regularly cleaning and sanitizing surfaces.
- Regularly inspect the facility for hazards or issues that need to be addressed. This includes checking for tripping hazards, broken equipment, ensuring electrical outlets are covered, and other potential dangers that could hurt children.
- Repair or replace any broken or malfunctioning equipment. For example, playground equipment should be in good condition without any protruding nails or screws, broken wood or metal that could seriously injure a child. In addition, furniture that is not stable should be secured to the walls or replaced to avoid falling on children.
- Train workers on how to identify and address hazards at the facility. This could be filing a maintenance report or recording the issue to bring to the director’s attention. Training should also include how to properly supervise children to prevent accidents from happening.
What Can Happen to Young Kids When Spaces at Daycares Aren’t Properly Maintained?
In Texas, approximately 40% of recorded injuries that children sustained at daycare are caused by the daycare’s unmaintained premises based on a child safety report released by the Texas Department of Health and Human Services in 2020.
Young children are particularly vulnerable to daycare injuries, which can include:
- Broken bones
- Cuts and scrapes
- Hypothermia or heatstroke
- Traumatic brain injuries (TBI)
It is crucial that daycares take steps to keep their premises well maintained and safe for the children in their care.
What Damages Can Be Recovered?
Any incident that seriously hurts your child at daycare can be scary and take emotional and financial tolls on you and your family. Your family has the option to hold the daycare responsible for their negligence and failure to keep your child safe by filing a claim. Texas laws state that you have two years to file a claim to seek compensation, also known as damages, and hold the daycare accountable.
Damages that your family may be compensated for include:
- Emotional distress
- Medical expenses, including ongoing or future medical treatments and therapy
- Pain and suffering
In the tragic event that a child experiences a fatal injury because of unmaintained daycare premises, parents and guardians may be eligible for compensation to cover:
- Funeral expenses
- Medical expenses incurred prior to passing away
- Loss of consortium for family members
- Loss of income
- Emotional damages such as pain and suffering
- Other unexpected costly fees
It is important to speak with experienced attorneys, like our team at The Button Law Firm, who will listen and determine the best way to help you and your family.
How The Button Law Firm Can Help After a Child is Hurt Because of a Daycare’s Unmaintained Premises
Our knowledgeable and compassionate daycare injury attorneys at The Button Law Firm are dedicated to holding daycare facilities accountable for unsafe conditions and negligence that harm your child. We have successfully helped families, like yours, with these cases. We will advocate for your family so that you can focus on helping your child heal from any injuries and move forward. Our attorneys at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list and are located in Dallas, Houston, and Midland. Call us at 214-699-4409 or fill out a contact form for a free consultation.
Frequently Asked Questions About Accident Claims for Injuries Caused by Unmaintained Premises at Daycare Centers
Is there a time limit to file a claim?
In Texas, the family of a child who was injured because of unmaintained premises at daycare have two years to file a claim. There are some exceptions to this time limit, so contact our legal team today at 214-699-4409 or fill out a contact form, and we can determine how the legal statutes impact your case.
How much does it cost to file a claim?
At The Button Law Firm, we don’t charge you or collect any upfront fees to get started on your case. We work on contingency. This way, you can focus on helping your child heal from their injuries while we focus on advocating and fighting for you and your family. Call us at 214-699-4409 or fill out a contact form to get started.
Who do you represent?
We advocate for Texas children and the families of children who have been injured due to negligence and abuse at daycare facilities. With offices in Dallas, Houston, and Midland, we are ready to help you and your family anywhere in the Lone Star State.
How can I file a claim?
Why should I work with The Button Law Firm?
We are dedicated to helping children and their families in Texas who have been severely injured in accidents at daycares, schools, and camps. Our Texas Super Lawyer-rated attorneys are ready to listen to you, advocate for you, and help you hold negligent parties accountable. See what past clients have to say about working with us on their legal cases.