Daycare Injury

Inadequate Supervision in Daycare Facilities

One of the most common causes of child injury at a daycare facility is lack of or inadequate supervision. Falls, ingestion of toxins, and playground injuries are all common injuries that might be related to inadequate supervision.

Injuries are more common in younger children, both because of their inexperience and because they are less coordinated than older children. If an employee at a childcare facility is careless, the result can be serious or catastrophic injury. A worker could briefly step away while changing a baby’s diaper, for example, and the baby could fall off the changing station. A childcare provider might leave the room for a moment, allowing children the opportunity to climb and fall from high surfaces. Sometimes simply failing to adequately control children can lead to a child injury.

If a child is injured from abuse, neglect or poor supervision, parents have the option to file a personal injury case. Generally, plaintiffs must prove that the defendant acted negligently and that the defendant’s negligence caused the injury. Wrongful death lawsuits have same similar standards of proof and can be filed by parents after a child’s death.

Parents may seek compensation for their damages, like medical expenses or time taken off work to care for an injured child. These claims are generally subject to the two-year statute of limitations in Texas. The statute of limitations for the minors claims may be valid until the child turns 18, giving children until they are 20 to pursue some of the damages. Parents should discuss both statutes of limitations with an attorney so they understand the time period they have to file and the types of damages they may seek.

However, delaying the initial investigation or filing a lawsuit can make a case much more difficult and sometimes impossible to win because of loss of evidence and witnesses and status of the daycare facility.

Please contact us today if your child has been hurt in any way.