A mourning mother sitting near a crib.Seeking Justice in a Daycare Wrongful Death Case in Texas

The wrongful death of a child is a tragedy that no parent should have to endure. While daycare facilities are typically safe spaces, fatal incidents can happen. Sadly, in a single year, three children were killed while in the care of licensed Texas daycare centers, according to the most recent report from the state’s Health and Human Services. When a child passes away because of a preventable accident at a daycare, that is called daycare wrongful death of a child.

If your daughter or son has passed away because of a preventable fatal accident at a Texas daycare center, call 214-699-4409 to speak to our compassionate and knowledgeable daycare injury attorneys at The Button Law Firm, or fill out a contact form. You can let your mind rest knowing that we will handle your case with all the understanding it deserves to get justice so that your child did not die in vain.

What Can Cause a Child’s Wrongful Death at a Texas Daycare Center?

Our experienced daycare injury lawyers have found that common causes of preventable, fatal accidents involving children at Texas daycare centers include:

  • Abuse, such as intentional physical abuse at the hands of a daycare worker, can lead to the death of a child in instances when children suffer from lethal organ damage or brain damage
  • Allergic reactions at daycare can turn fatal when a child with severe allergies to a specific food or material is exposed to the allergen.
  • Severe and fatal burn injuries at daycare centers are often caused by bottle warmers. Burns can be fatal because they can cause a strong response from the body. Powerful immune and inflammatory reactions can be hard for medical teams to manage and can even lead to multiple organ failure.
  • Drugging incidents when a daycare worker gives a child an over-the-counter or prescription medication without the approval of a parent can turn fatal if the medication is too strong for the child or the child experiences a severe allergic reaction.
  • Falls caused by a caregiver dropping a child or a child falling from a changing table or highchair can be fatal. In addition, young children who fall from playground equipment at the daycare center can experience fatal injuries such as traumatic brain injuries.  
  • Hot van deaths can happen when a child is forgotten or becomes trapped in a daycare’s van for a prolonged time on a hot day. Their small bodies can suffer from heatstroke or dehydration.
  • Negligent daycare teachers and facilities are a major cause of injuries and fatalities. Children can die when there is a lack of supervision, incompetent childcare staff, or an insufficient caregiver-to-child ratio.
  • Shaken Baby Syndrome (SBS) happens when a caregiver violently shakes a child. The violent act cuts off oxygen to the brain, resulting in severe brain damage and sometimes death.
  • Sleep injuries at daycare centers are most common among infants. The American Academy of Pediatrics (AAP) estimates there are more than 3,500 sleep-related infant deaths in the United States every year. These fatal injuries are most common when infants are put down for naps in unsafe environments.

All of these incidents are easily avoidable when daycares:

  • Establish and follow designated safety procedures
  • Hire qualified staff and conduct thorough background checks and training, including providing continuing education opportunities
  • Continually maintain spaces and equipment to prevent injuring children  

Who Can Be Held Responsible for the Wrongful Death of a Child at a Texas Daycare Center?

In the state of Texas, the wrongful death of a child at a daycare center can result in legal action being taken against the facility and the employees responsible for the child's death.

The daycare center can be held liable if it is found that the child's death was caused by the center's negligence or wrongdoing. This could include things like failing to follow the state’s required daycare minimum standards such as properly supervising the child; failing to provide a safe environment; or failing to follow proper safety protocols.

The daycare director or other employees working at the time of a fatal accident on the premises can also potentially be held responsible if their actions or failures contributed to a child's death.

In the instance that a toy, faulty playground equipment, or the side effects of an approved medication caused a child’s death at a Texas daycare center, the product manufacturer may also be held responsible. 

How Our Texas Daycare Injury Attorneys at The Button Law Firm Will Fight in Memory of Your Child

A wrongful death case against a Texas daycare center can be complex and emotionally charged. In Texas, it must be proven that the daycare and its workers’ actions or inactions caused the child's death and the daycare was negligent or engaged in wrongdoing. This is why it is important for families to seek the help of compassionate and experienced daycare injury attorneys like our team at The Button Law Firm.

We will fight for your family to hold those accountable and get justice for your child’s untimely death. While it won’t bring your child back, a daycare wrongful death claim can help your family move forward, and potentially protect other children from experiencing the same fate. Your family may be eligible for compensation to cover:

  • Funeral and burial expenses
  • Medical expenses
  • Pain and suffering
  • The emotional toll of losing a loved one, especially a child
  • Punitive damages if the daycare’s gross negligence caused your child’s death

We have successfully helped families, like yours, seek justice with wrongful death of a child cases. With offices in Dallas, Houston, and Midland, our attorneys, recognized on the prestigious Texas Super Lawyers list, are ready to listen, fight, and help your family after an unimaginable tragedy like the death of a child at a daycare. Call us at 214-699-4409 or fill out a contact form for a free consultation. 

More Helpful Information on Daycare Wrongful Death of a Child Claims from The Button Law Firm

Frequently Asked Questions About Filing a Daycare Wrongful Death of a Child Claim

Is there a time limit to file a claim?

In Texas, the family of a child who was killed at a daycare center has 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 your family 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 their families who have passed away 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?

Simply contact our team by calling 214-699-4409 or filling out a contact form, and we can determine the best way to help you. 

Why should I work with The Button Law Firm?

We are dedicated to helping the families of children in Texas who have been killed in an accident at a daycare center. 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 matters.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.