Schedule a Consultation

Legal Options for Parents: Suing a Daycare for Negligence and Abuse

November 15, 2024
Negligence and Abuse Lawyer

Do you suspect daycare negligence is to blame for the sudden rash of injuries your child has suffered in recent weeks? Consider speaking with a negligence and abuse lawyer immediately about your concerns.

Studies have shown children in daycare typically sustain more injuries than children at home. One, in particular, suggested the injury rate for children in daycare is just under 14%, while the injury rate for children at home is only about 10.5%. These statistics could explain your child’s injuries.

Still, you shouldn’t overlook potential negligence and abuse on the part of the daycare your child attends. Explore your legal options below.

When You Can Sue a Daycare for Negligence and Abuse

You can’t necessarily hire a negligence and abuse lawyer to help you take legal action against a daycare just because your child came home with several injuries one day. You can, however, file child injury claims if you believe those injuries were due to daycare negligence.

Here are several examples of this negligence that could leave a daycare open to abuse liability lawsuits:

  • A daycare fails to provide children with adequate supervision.
  • A daycare struggles to meet the fundamental needs of children.
  • A daycare exposes children to unsafe conditions.
  • A daycare neglects to conduct background checks on employees.
  • A daycare ignores signs of serious injuries that children have suffered.

How You Can Prove Daycare Negligence and Child Injury Claims

Simply suspecting daycare negligence isn’t enough to file successful child injury claims in court. To recover civil lawsuit damages, you’ll also need to prove negligence and abuse.

How can you do this? There is a variety of evidence you can collect to demonstrate daycare negligence and abuse and prove child injury claims. Examples include:

  • Photographs of your child’s injuries
  • Medical records related to the treatment your child received
  • Security camera footage of incidents that showcase negligence and abuse
  • Incident reports from the daycare and possibly even police reports
  • Witness statements and medical or forensic testimony regarding your child’s injuries

If you’re seeking parental compensation to cover any lost wages you had to deal with while taking your child to doctor’s appointments, therapy sessions, etc., you may also want to find paystubs that can prove them.

A negligence and abuse lawyer can help you decide which evidence may compel a judge or jury to award you a settlement based on their experiences.

Who You Can Hire To Help With a Daycare Negligence and Abuse Case

You’ll no doubt have many questions when taking legal action against a daycare after learning about the alleged negligence and abuse your child has faced. A negligence and abuse lawyer can address them.

This lawyer can also assist with:

  • Gathering enough evidence to prove daycare negligence and abuse
  • Filing the proper paperwork for a daycare negligence and abuse case
  • Negotiating with a daycare’s attorney to try to work out a settlement

But above all else, they may help protect your child from further negligence and abuse by putting a daycare on notice and forcing it to reevaluate its policies and procedures.

Reach Out to Us To Talk to an Experienced Negligence and Abuse Lawyer

Daycares are held to the same mandatory reporting standards as other schools. If they suspect a child in their care is being abused at home, they must report this to law enforcement and an organization like the Texas Department of Family and Protective Services.

But unfortunately, some daycares exhibit negligence and abuse and harm children. As a parent, you should spring into action right away to put it to a stop.

Contact us at Fadduol, Cluff, Hardy & Conaway, P.C., at 800-433-2408 to schedule a free consultation with a negligence and abuse lawyer.