Can I Sue a Daycare in Texas?
If your child has been hurt at a daycare due to the negligent actions of a staff member, you have the right to file a lawsuit.
Learning that your infant or toddler was injured while in a daycare setting is extremely upsetting. If the injury is due to a negligent staff member, you may have the right to file a lawsuit against the facility. However, filing a lawsuit is not easy, and the burden of proof is on you to prove your case. An Edinburg child injury lawyer can collect evidence to help your case and give you the best chance of recovering the fair damages you deserve.
Causes of Daycare Accidents
Under Texas’ Civil Practice and Remedies Code, you can sue a daycare when staff members are negligent and your child becomes hurt as a result. Some of the most common causes of accidents that stem from another person’s negligence are as follows:
- Inadequate supervision: Texas law outlines specific ratios of children to staff to ensure all children are supervised properly. Unfortunately, many daycare centers remain understaffed, and when children are not supervised appropriately, they get hurt.
- Failure to take precautions: Daycare centers, just like other businesses, have a legal duty to take precautions and ensure their premises are safe, but not all centers meet this duty. For example, if a staff member left a door open and a child walked out and became hurt, you could file a lawsuit because the proper precautions were not taken.
- Failure to act after an accident: Sometimes, accidents, particularly those that happen at a daycare center, are unavoidable. A child may fall and scrape their knee, or a child may bump their head on a surface. Still, daycare staff members must act quickly after any accident to clean and treat injuries, or call for additional medical help, if necessary.
Unfortunately, the above are just a few of the most common causes of accidents that happen in daycare centers. Any time your child is injured at a daycare and you believe it was due to negligence, it is important to speak to a child injury lawyer who can help you prove your claim.
How to Prove a Daycare Negligence Case
Before you can claim damages for your child’s medical bills and other losses, you must prove the injury was a result of the daycare’s negligence. To do this, you will need to collect evidence such as medical records, photos of the unsafe conditions at the daycare, and other documents, such as hiring or maintenance records for the facility. A child injury lawyer in Edinburg will gather the necessary evidence while you focus on helping your child recover.
Call Our Child Injury Lawyers in Edinburg Today
If your child has been hurt due to daycare negligence, our skilled Edinburg child injury lawyers can help. At the Law Office of Raul A. Guajardo, PLLC, we know how serious child injuries are, and we have a proven track record of holding daycare facilities accountable for paying damages. Call us today at 956-318-3200 or fill out our online form to schedule a consultation.