This is the next post in our series on the handling of childcare injury cases in Fort Worth and other Texas areas. Our last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if your son or daughter has been injured. It is important that you speak with counsel sooner, and not later, as you only have a limited amount of time in which you may take action. In this article we will be discussing when a daycare provider may face liability for their negligence. If you are in need of assistance then contact our office today to speak with a personal injury lawyer.
DFW daycare providers can be held liable if they breach their duty of care and injuries to a child occur
DFW daycare providers owe a “duty of care” to children with whom they are entrusted. This means that they must take reasonable steps to ensure that the facility and personnel provide a safe environment for the children and help to protect them against injury. This duty of care includes ensuring that the facility is properly licensed, that the facility is maintained in a way that avoids unnecessary risk, that staff are properly screened and trained, etc. If these duties are violated, and injuries result, then the family may be able to recover compensation for current and future medical expenses, current and future pain and suffering, and future economic losses if the child has suffered long-term harm. In extreme cases, punitive damages may be appropriate.
The foregoing concepts are best explained through an example. Jack and Jill have a two-year old daughter whom they place in daycare during the day while they work. They receive a telephone call informing them that their child has fallen and hit her head and is being rushed to the hospital. Unfortunately, the child has suffered serious head trauma and may have blurred vision as well as balance issues for the rest of her life. The facts show that neither of the workers on duty were screened by the employer and that both had been fired from previous daycare employers for failing to adequately supervise children. It is also shown that the facility had very loose carpet in several areas, which created a tripping hazard, and that the child fell when she tripped on this carpet. The carpet had been known to be loose for some time, and one of the supervisors was late coming back from lunch at the time of injury, meaning the facility was understaffed. Under these facts, the facility is likely liable for negligence (due to the carpet and children being left partially unattended) as well as negligent hiring and supervision. Damages in such a case may be substantial.
Punitive damages may also be appropriate in a case if it is shown that the employer was reckless or had a general disregard for the safety of others. Suppose, in the example given above, the employer had received several complaints from parents about the daycare workers not being in the room at times when they were supposed to be caring for children. Now, suppose that the workers were never reprimanded and no other action was taken by the employer. The employer did not fire the employees because they “worked cheap” and they did not wish to pay more per hour for more qualified employees. Under this scenario, punitive damages may very well be appropriate. It should be remembered, however, that how a jury will rule in any given situation will always depend on the specifics of the case.
A personal injury attorney can help with determining all the facts of a childcare accident
If your son or daughter has been injured then it is strongly advised that you retain a personal injury attorney as soon as possible. Counsel will take immediate steps to ensure that evidence is preserved. They will also do what is necessary to gain all available information as to how the injury occurred. Steps to be taken can include sending a demand to the facility stating that all evidence (such as video recordings) are to be preserved. Additional steps can include sending an investigator to the facility and to speak with parents of other children who attend the daycare. Hiring counsel with the resources necessary to handle the case can be crucial.
Noteboom – The Law Firm is able to assist with daycare-related injuries. We have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. We also employ an on-staff investigator so that we can ensure that no fact goes undiscovered. Our firm has the resources necessary to see your case through to completion and we pride ourselves on providing quality service. Contact us online or by telephone to speak with a Fort Worth childcare injury lawyer.
In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.