Many parents have mixed emotions when their children start attending daycare, as for many parents this marks a bittersweet moment of their child growing up and transitioning from one stage of life to another. Parents who choose to have their children attend daycare rely on the dependability and socializing that daycare centers provide, and trust that their children will be safe and properly supervised by the daycare staff. Unfortunately, some parents end up devastated when they discover their child suffered a preventable and serious injury at daycare due to the fault of the daycare staff.
Without proper supervision or safety procedures, children can experience injuries much more severe than cuts and bruises. Daycare negligence can cause catastrophic accidents resulting in things like traumatic brain injuries (TBIs). If this has happened to your child, you need an experienced Houston personal injury attorney from The Kishinevsky Law Firm on your side.
Why do daycare accidents happen?
Even though children are prone to get into accidents at daycare, many can be prevented. Some accidents are a result of the staff members’ negligence. Staff members can be deemed negligent when they fail to provide an adequate amount of supervision in the facility.
The amount of supervision required in a daycare center depends on several factors:
- The age and maturity of the child. Children who are three years old, for example, require more supervision than children who are nine years old.
- The type of activity. Staff members must provide additional supervision when children are participating in activities like swimming and playing on the playground.
- The type of environment. Children who are taking a field trip will require more supervision than children who are in a smaller, monitored environment.
- The child’s experience level. Some children are accustomed to playing certain sports, and may require less supervision than children who are just beginning to play a particular sport.
How does lack of supervision lead to daycare injuries in children?
Staff members need to provide the correct amount of supervision in daycare centers. Proper supervision protects children from potential dangers. When staff fails to protect children from dangers and hazards, they can be liable for a child’s injuries.
One accident that can happen from a lack of supervision is a playground accident. When daycare teachers or staff members fail to watch children closely on playgrounds, children can become seriously hurt, suffering serious injuries like concussions, skull fractures, and traumatic brain injuries. Children are more at risk of developing brain injuries from daycare accidents because their skulls are still developing. This makes falls and jungle gym accidents very dangerous.
Signs your child is being abused at a Houston daycare
Staff members can also commit physical abuse against children, leading to serious brain injuries. Some signs that your child could be suffering from daycare abuse include:
- The presence of unexplained bruises or cuts on your child. If your child has unexplained bruises on their body and staff members are hesitant about explaining how they happened, that could be a sign of physical abuse.
- A sense of dread or anxiety when around staff members. If your child is scared to be around staff members, that could be another sign that they are being abused.
- Changes in your child’s behavior at daycare. If your child once enjoyed attending daycare and is now upset or withdrawn, your child could be suffering from physical abuse.
- A repeat of physical injuries. Your child could suffer from physical abuse if he or she continues to come home with repeated injuries.
What are the types of daycare neglect?
Unlike physical abuse, neglect in daycare centers is a little bit more subtle. There are two types of neglect that can happen in daycare centers:
- Unintentional neglect. Staff members can unintentionally neglect children when they fail to properly care and provide for all children in their custody. Texas law strictly regulates the maximum ratio of children per each daycare worker that is supposed to be monitoring and caring for them. If a staff member is responsible for caring for too many children at once, the staff member could easily forget to properly care for or supervise one or more of the children in their custody, resulting in preventable injuries to the children in their care.
- Intentional neglect. When staff members deliberately perform neglectful or abusive acts against children, that is a form of intentional neglect. Staff members who purposefully ignore a child’s need for assistance, for example, are committing acts of intentional neglect.
Who can be held liable for my child’s daycare injury?
Texas law requires all daycares to have proper liability insurance at all times, unless they specifically inform parents that they do not have insurance. If your child has suffered an injury from being unsupervised, abused, or neglected at a Houston daycare, you may have a claim against the daycare, the daycare staff, or the daycare owner(s) depending on the circumstances. In most situations, if the daycare had proper liability insurance as required by Texas law, all of these claims will be covered under the daycare’s insurance policy.
At The Kishinevsky Law Firm, we empathize with the position that you are in as a parent. When your child has been harmed from the negligence of another adult, your focus is on helping your child recover. Our compassionate Houston daycare injury attorneys want to help you receive the just compensation that your child deserves. Call our office at 832-LAW-1111 or submit our contact form today for a free consultation.
Houston personal injury lawyer Rashmi Parthasarathi represents clients in personal injury claims and has spent several years representing clients in product liability cases who were injured by pharmaceutical and medical device companies who put profits before safety of their products. In January 2020, Rashmi Parthasarathi joined the Kishinevsky Law Firm where she continues working to help clients harmed by the wrongful acts of others to obtain justice, especially individuals being taken advantage of by insurance companies and other large corporations.