5-Year Old Child Hurt At Houston Daycare Center
A mom is suing a day care in northeast Houston after she alleges that her 5-year old was hurt on the first day of school, according to the lawsuit. According to the daycare center, the children were engaged in "horseplay" while on the playground, and it resulted in the child being pushed off a piece of playground equipment, which caused the young boy to sustain a broken arm. An investigation performed by a CCI investigator revealed that although the daycare center maintained the proper teacher-student ration at the time of injury, the surveillance footage showed the teacher seated in a corner of the playground and was unable to see or properly supervise the children. The facility was sited for for violation of Texas Administrative Code 746.1203(4) - Responsibilities of Caregivers- Supervision of Children. The standard risk level was noted as "High" and the center was forced to undergo training for compliance.
The young child suffered a distal humerus fracture that required surgery, where pins were placed to help set the bone. The child also suffered nerve pain in the daycare accident and faces a lengthy recovery timeline. The lawsuit alleges that the daycare provider was negligent due to a lack of supervision, resulting the child experiencing the injuries, disfigurement, and mental and emotional trauma.
What Rights Do Parents Have After A Child Is Hurt At Daycare?
If your child has been injured while in daycare or an aftercare facility in Houston, Texas, it is important to understand the important steps to follow and your legal options as parents. Daycare injuries can be caused by a variety of factors, including poor supervision, dangerous playground equipment, or unqualified staff. In some cases, the daycare facility may be liable for the injuries sustained by your child. However, proving negligence can be difficult, and it is important to have an experienced child injury attorney on your side. The attorney will investigate the circumstances surrounding the accident, aid the Texas Department of Childcare Licensing in determine what minimum standards were violated, and build a strong case on your child's behalf. With help, you stand a much better chance of obtaining the compensation you deserve from the unsafe childcare center.
Can I Sue If My Child Gets Hurt At Daycare?
If your child was hurt or abused at a daycare center in Houston, Texas as a result of the carelessness or negligence of the staff, you can file a civil lawsuit seeking compensation.
Common situations that result in injuries include; workers allowing children to engage in rough play, caregivers leaving the room, children left in hot vans, daycare centers failing to childproof the facility, a center having improper teacher-student rations, and children ingesting harmful chemicals or toys.
An experienced daycare injury attorney will investigate the circumstance and determine the viability of your claim against the childcare center. A successful lawsuit required evidence that the provider breached its duty of care to your child and was negligent or strictly liable for what occurred. Daycare injury cases can be complicated, so it is in your best interest to seek guidance. Directors and owners of daycares often try to hide evidence or erase camera footage, so an attorney should also be quick in sending an preservation of evidence request to the school to force them to maintain all applicable records. You have a two year statute of limitations to file a legal claim, but this is tolled when minors are hurt. Still however, it is important to contact as attorney as it is safe to do so after learning that your child was hurt while under the care and supervision of a daycare or afterschool center.