It is wrong for daycare employers and staff to practice negligence after you trust them to supervise your child. That is why you must do everything in your power to hold them accountable. Follow along to learn more about daycare negligence and how a proficient Kaufman, Texas personal injury attorney of Harrell & Paulson, LLP, can assist you in filing a premises liability claim.
What constitutes daycare negligence in the state of Texas?
When daycare accidents occur, they are most commonly due to the negligence of the employers or staff. The following are examples of what constitutes daycare negligence in the state of Texas:
- The daycare staff does not remove sharp objects or hazardous materials within your child’s reach.
- The daycare staff does not recall your child’s food allergies.
- The daycare staff does not monitor your child’s whereabouts.
- The daycare staff does not sanitize the premises.
- The daycare staff gives your child stale food or unclean drinking water.
- The daycare employer does not screen employees who are potentially unsafe to be around children.
- The daycare employer does not fix or close off rusty or defective playground equipment.
What should I do if my child is a victim of daycare negligence?
A premises liability claim is necessary for your child to heal from their daycare accident injuries. To file a valid claim, the following points must be proven true:
- Your child was enrolled in the daycare, so the daycare employer and staff owed your child a duty of care.
- The daycare employer and staff breached their duty of care, so they practiced negligence.
- Your child was injured as a result of the daycare employer’s and staff’s negligence.
- Your child experienced damages in the aftermath of their accident.
And to prove these points as true, the following pieces of evidence can help:
- Photos and videos of the scene (i.e., your child’s injuries, damages, and any hazards that contributed to the accident).
- A doctor’s note that states the date, time, and severity of your child’s injuries.
- Copies of medical bills that detail the cost to heal your child’s injuries.
- Witness testimonies that recount the accident.
- Security camera footage that shows the accident unfold.
What if I signed a daycare liability clause?
First and foremost, the purpose of a daycare liability clause is to waive your right to sue if your child was harmed on the daycare premises.
Notably, you are not required to sign this clause. But if you already did, there are still ways of filing a premises liability claim and fighting for the compensation that your child deserves.
For additional information, pick up the phone and call one of the talented Kaufamn, Texas lawyers at your earliest convenience. We look forward to hearing from you.
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For vigorous defenses for personal injury, criminal, divorce, or estate planning matters, contact Harrell & Paulson, LLP today to schedule your free case evaluation.