Houston Daycare Injury Lawyer Brit Mitchell
Daycares and after-school facilities in Houston, Texas can be a great way for kids to socialize and learn while their parents are at work. However, daycares can also be dangerous places, particularly when childcare facilities violated the child care regulations set forth by the Texas Health and Human Services Commission. Common causes of daycare injuries involve inadequate staffing, unqualified workers, unsafe facilities, and criminal actions, but many other negligence or unsafe conditions can arise and cause children serious physical or emotional harm.
Houston child injury attorney Brit Mitchell has a passion for advocating for injured children and holds caregivers fully accountable for negligent or intentional misconduct that results in child harm. Brit Mitchell and her team aggressively fight fight to ensure each child receives maximum compensation for their suffering. Brit also forces facilities to change their safety policies to create safer environments for kids in the future. When parents want to send a message to an unsafe facility after learning that their child was harmed while in their care, they contact Brit Mitchell. If your child was injured or neglected while at daycare, call us to obtain justice.
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How kids are harmed in childcare and after-school centers
What is a daycare injury lawyer?
Daycare injury lawyers are attorneys who specialize in representing clients who have been injured in accidents that occur at daycare facilities. These lawyers have experience handling cases involving a variety of injuries, including slips and falls, playground injuries, and injuries caused by dangerous or defective products. Daycare accident and injury lawyers can help their clients recover compensation for medical expenses, lost wages, and pain and suffering. In addition, these lawyers can also help to hold daycare providers accountable for their negligence and ensure that they take steps to prevent future accidents from occurring. If you or a loved one has been injured in a daycare accident, contact a daycare accident lawyer today to discuss your legal options.
Do I always need to hire a daycare injury lawyer?
If your child has been hurt while at daycare, you may be wondering if you need a lawyer. The answer to this question depends on the severity of the injury and the circumstances surrounding the incident. If your child sustained a serious injury, such as a broken bone or a head injury, you should speak with an experienced personal injury attorney. An attorney can help you investigate the incident and determine whether you have a case against the daycare. Additionally, an attorney can help you navigate the legal process and ensure that you receive fair compensation for your child's injuries. If your child sustained a minor injury, such as a scraped knee, you may not need to hire an attorney. However, it is always a good idea to speak with an attorney to get advice on how to proceed.
Common injuries children suffer in daycare accidents
Some of the most common injuries children suffer at daycares include:
These types of injuries usually require immediate medical attention and can result in long-term health problems.
What is negligence in childcare?
Negligence is determined when evidence that a childcare facility or its employees breached the duty of care based on the circumstances and caused a child to suffer physical or emotional harm. For example, if a child is injured after being left unsupervised, the daycare center may be held liable. However, there are also situations in which the parents may be held responsible. If a child is injured while using a piece of equipment that was not provided by the daycare center, the parents may also be held liable. A parent's proportionate responsibility does not always eliminate a child's right to compensation. In some cases, both the daycare center and the parents may be held responsible for an injury. For example, if a child is injured while using a toy that was provided by the daycare center but was not properly supervised, both the daycare center and the parents may be held liable. If you are unsure who is responsible for an injury that occurred at a Houston daycare center, it is important to speak with an experienced personal injury attorney. An attorney can help you understand your legal rights and option after looking into the childcare facility’s negligence and the laws they were violating that led to your child’s injury.
Proving Daycare Liability
Daycares are responsible for the safety and well-being of the children in their care. However, accidents can happen, and when they do, daycares can be held liable. To prove liability, parents must first show that the daycare breached its duty of care. This means showing that the daycare did not take reasonable steps to ensure the safety of the child. For example, if a child was injured in a fall, the parents could argue that the daycare should have been supervising the child more closely. Alternatively, if a child was exposed to unsafe materials, the parents could argue that the daycare should have been more diligent in checking for hazards. Once liability has been established, parents can then seek compensation for their child's injuries. In some cases, this may include medical expenses, pain and suffering, and even punitive damages.
Types of Daycare Negligence And Intentional Misconduct
Improper Supervision
Improper supervision can cause serious and even fatal injuries to children at daycare. Unsupervised children can access dangerous materials such as scissors or knives, experience heat strokes when left on the bus or outside, or can even wandering off the premises and into a busy street. Additionally, not properly monitoring children can lead to them getting into fights or engaging in other risky behavior.
Failure to Provide Safe Premises
A daycare can fail to provide a safe premises to children in several ways. First, the daycare may not have enough staff to properly supervise all of the children. This can lead to children getting injured or getting into fights with other children. Second, the daycare may not have adequate security measures in place, such as locks on doors and gates around the perimeter of the property. Third, the daycare may not have appropriate safety equipment, such as fire extinguishers and first aid kits to protect children at risk in the event of an emergency. Finally, the daycare may not have a clean and well-maintained facility. This can lead to sanitation problems and an increased risk of illness for the children. A well-maintained facility to will keep an accurate account of a child's known health issues, such as food allergies.
Poorly Maintained Facilities
A poorly maintained daycare is a place where the physical environment is not kept clean or safe, and where the staff does not interact with the children in a positive, nurturing way. Poorly maintained daycares can have a negative impact on children's health, development, and behavior. For example, children who are exposed to dirty environments are more likely to develop respiratory injections or bacterial infections. In addition, children who do not receive individualized attention and love from their caregivers may have difficulty forming attachments and may exhibit behavioral problems. Finally, children who attend poorly maintained daycares are at greater risk of being injured due to unsafe condition such as playground disrepair, broken seats, exposed nails, and rusted metal.
Physical Abuse
Abusive adults may use physical force to discipline children, or they may act out of anger or frustration. In some cases, physical abuse is deliberate and calculated, in order to control or dominate the child. Unfortunately, physical abuse can be difficult to detect, as it often happens in private and the child may be too scared or ashamed to tell anyone about it. Signs of physical abuse include bruises, welts, scratches, or burns that are not explicable; fearfulness around a particular adult; and behavioral changes such as withdrawing from friends or family or acting out aggressively. If you suspect that a child is being physically abused, it's important to reach out for help. Trained professionals can provide support and assistance, and they can help ensure that the child is safe and protected.
Failure to Screen Employees
One of the most important aspects of running a daycare is ensuring that all of your employees are properly screened. In accordance with Child Care Licensing rules, this includes running background checks and checking references. Unfortunately, not all daycare owners take this step, which can put the children in their care at risk. According to a recent study, nearly one in five daycare workers has a criminal record. In some cases, these workers have been convicted of serious crimes, such as child abuse or sexual assault.
Before you choose a childcare center for your son or daughter, you should compose of list of potential centers and visit each one in person. Try to watch how staff interact with the children. You should also take note of the condition of the facility and each amenities offered, such as a pool or playground. You can also search the Texas Health and Human Services database of daycares to see how many violations any given facility has received since its inception.
How kids are harmed in childcare and after-school centers
Accidents Involving Toys or Equipment:
In most cases, accidents involving toys and equipment happen when kids are not using them correctly or when they are trying to climb on them. Daycare staff regularly check toys and equipment for damage or wear and tear. Sharp objects may also pose a risk, as children can cut themselves if they fall on them or if they are mishandled can pose chocking hazards. All staff members should be trained in CPR and first aid, and the center should have a clear plan for responding to these emergencies.
Accidents Involving Other Children:
The most common type of accidents involving multiple children at daycare facilities are falls when children are pushed while playing on the playground or climbing on furniture. bumps and bruises are common, but more serious injuries like broken bones can also happen. As study conducted by the National Institute of Child Health and Human Development found that nearly one-third of all child injuries occur while children are engaged in physical play. Other common accidents include getting hit by a toy or object, or accidentally biting another child.
Injuries Involving Food:
It is important that childcare workers properly supervise children when they are handling food to make sure that kids are not putting anything in their mouths that could be harmful. Infants and young children can also choke on edible foods if they are not looked after during eating times.
What are the signs of caregiver abuse?
There are a number of signs that may indicate possible caregiver abuse in a daycare setting. First, watch for signs of physical abuse, such as bruises, cuts, or broken bones. Additionally, look for signs of emotional abuse, such as fearfulness, withdrawn behavior, or extreme tantrums. If a child seems unusually scared of or attached to a particular caregiver, this could also be a sign of abuse. Furthermore, if a child stops eating or sleeping well, or has nightmares, this could be indicative of trauma from abuse. If you notice any of these signs, it is important to speak to someone at the daycare, such as the director or a teacher, to express your concerns.
What to do after learning your child was hurt at a childcare facility
The first thing you should do receiving the news that your child was hurt at daycare is seek medical attention for them immediately. Children often do not vocalize how they are feeling, so call 911 and request an ambulance. If you child's injuries appear serious, don’t try to move them unless they’re are in immediate danger of experiencing additional harm.
Next, request a meeting with the daycare facility and director to obtain a copy of the incident report for your records. If the manager or director says the don't make incident reports, they should create a document in this circumstance. Find out as much information as you can about the incident. What happened? How was your child injured? What is the extent of the injury? You can even record audio of the conversation on your cellular phone, if possible.
While present, ask to review any camera footage that captures the event, you can also examine the scene of the event and take pictures of any item or condition that may have contributed in causing your child's harm.
Follow the hospitals instructions. If the physicians requested that your seek follow-up care for your son or daughter, reach out to your child's pediatrician for guidance on how to best support your child medically.
Finally, contact our child injury legal team right away. Retaining a daycare accident attorney from our Texas law firm early in the process will give you the best chance of resolving your child's case successfully.
Daycare accident statistics
According to the National Center for Injury Prevention and Control, around 26,000 children under the age of five are injured in daycare each year. The Center of Disease Control provides that unintentional injuries are the leading cause of child fatalities to children and teens, resulting in around 20 deaths per day. The most common childcare injuries are cuts, bruises, and scrapes, which account for about two-thirds of all daycare injuries. Falls are the second most common type of injury, accounting for about 15% of all daycare injuries. While most daycare injuries are minor and can be treated at home, more serious injuries do occur. Head injuries, for example, account for about 5% of all daycare injuries and can often require emergency medical attention.
Because of the risk of injury, it is important for parents to carefully research any daycare they are considering enrolling their child in. Checking out reviews from other parents and observing the facility firsthand can help to ensure that your child will be safe while in daycare.
Helping children injured at private daycares and aftercare facilities
If your child was injured or harmed at a private daycare or aftercare facility in Houston, call 713-800-6676. An attorney with Sneed & Mitchell LLP can inform you of the important step to take to protect your child's health and right to legal compensation.
Children are naturally curious and impulsive, which can often lead to accidents. Because they don’t have the maturity and experience to fully understand the consequences of their actions, it’s important that adults take on additional responsibilities when children are present. Unfortunately, this doesn’t always occur. When parents, caregivers, or other adults are negligent, children can get seriously injured. Such accidents can be physically, emotionally, and financially catastrophic. An adult responsible for a child’s injury must be held legally accountable for their negligence. Child injury lawyer Brit Mitchell has successfully represented many families in court. If you or someone you know has been the victim of a child injury, please contact Brit Mitchell to discuss your legal options.
Sneed & Mitchell LLP are also contingency fee attorneys, so you don’t pay a dime for our services if we don’t win! Your family deserves compensation after your child experiences avoidable harms to their wellbeing. Hire Houston's most skilled and experienced child accident advocates. We offer free virtual and telephone conferences everyday, 24/7, for your convenience, and also have four convenient locations located throughout Texas. We also invite you to download our eBook for free insight into the process of personal injury claims here in Harris County.
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