Snellings Law PLLC attorneys are
Chidcare Injury Lawyers
Frisco | Dallas | Sherman
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Personal Injury Attorneys
Holding Texas childcare providers responsible for neglect and abuse of children
I grew up in a household where both parents worked. Therefore, I also grew up being dropped off at a daycare and then picked up at the end of the day. Unlike the schools our children attend, daycares do not have employees that spent their college education being trained to teach and care for children. These facilities operate very differently from the schools to which we send our children and many hazards can come into play because of that.
All children are vulnerable and we must protect them.
As parents, we look for childcare providers with a good reputation, solid reviews, and nice facilities. We visit the facility, watch how teachers interact with the children, and observe how happy the children appear. We do all of this in an attempt to protect our children since we cannot be there to do so. Sadly, sometimes our efforts simply aren’t enough and we end up choosing a childcare facility that does not measure up to our expectations, especially in terms of safety.
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Child Injury at Summer camps
The same can also hold true for summer camps. We want to provide an amazing experience for our children and send them to popular or unique summer camps for them to learn, have fun, and meet other children. Whether this is a summer camp they attend on a day camp basis or a residential camp the child attends for a week or two during the summer, we all try to do our due diligence to investigate and determine whether our vulnerable children will be protected at the camp. Unfortunately, even with a thorough investigation, our children can still be injured due to neglect or abuse in summer camp settings.
Child Injury in Foster Care
We must also protect foster children. These children end up in our foster care system due to issues outside of their control, such as abuse, drug use, their parents’ inability to care for them, parental illness, or many other potential issues over which they have no control. The children that end up in this awful position of being separated from their parents are extremely vulnerable and at risk for neglect and abuse. These children are living with strangers while many of their parents are working diligently to reunite with them. Tragically, these children are often abused or neglected in their foster homes. Worse, there are a high number of foster children deaths while living under the state’s supervision and care.
Children are vulnerable. As adults, we must protect them and fight for their rights and needs to be heard and met. At Snellings Law, helping victims, both adults and children, is our sole focus.
What Types of Physical Injuries Might Children Experience at Daycare?
When entrusting a daycare with the care of your child, it’s crucial to be aware of the potential physical injuries that might occur. Here are some of the most common types:
Burns
Burns can arise from various scenarios involving typical household and daycare equipment. For example, young children can sustain severe burns from bottle warmers. These incidents can lead to serious injuries, including second and third-degree burns.
Broken Bones and Dislocated Joints
Children are naturally active and curious, which sometimes leads to accidents. A fall from playground equipment or a high surface isn’t uncommon and can result in broken bones or dislocated joints. Furthermore, rough handling by daycare staff can exacerbate this risk, sometimes causing dislocation injuries.
Brain Injuries
Several factors can contribute to brain injuries in children at daycare centers. Trauma from falls or bumps can lead to serious head injuries. Other causes include suffocation and overheating, which can result in long-lasting brain damage.
Heatstroke
Children’s bodies heat up faster than adults, making them more susceptible to heatstroke. Neglectful actions, such as leaving a child in a hot vehicle or failing to provide adequate hydration, can lead to severe consequences, including organ failure and, in extreme cases, death.
Suffocation
Suffocation can occur under various circumstances. Objects tied around a child’s neck or improperly cut food can pose choking hazards. Infants are particularly at risk if placed in unsafe sleeping positions or swaddled incorrectly, which can lead to suffocation.
Poisoning
Children are naturally curious, and everyday products can quickly become dangerous. Toxic substances such as cleaning products, detergents, and soaps must be securely stored and out of children’s reach. Failure to child-proof environments can result in accidental poisoning.
By being aware of these potential hazards, you can take measures to select a safe and trustworthy daycare environment for your child.
How Long Do I Have to File a Claim for Daycare Injuries in Texas?
Statue of Limitations in Texas Childcare Injury Claims
If your child has suffered an injury at a daycare, it’s crucial to understand the timeframe for filing a legal claim in Texas. In this state, the statute of limitations for such claims is two years from the date of the incident. When children are involved, this changes a bit. The child has two years past their 18th birthday to file a claim; however, the parents’ claims (such as claims for medical expenses before their child’s 18thbirthday) must be brought within two years of the incident.
Why Act Quickly?
Initiating your claim promptly is vital. Waiting too long can jeopardize the validity of your case and potentially bar you from seeking any resolution. The sooner you consult with a lawyer, the more time they have to build a strong case, secure evidence, and meet the necessary deadlines.
Steps to Take
- Document the Incident: Record all details of the injury and its circumstances.
- Seek Medical Attention: Ensure your child receives the necessary medical care and keep all records.
- Consult a Lawyer: Contact a legal professional focusing on daycare injury claims.
Taking these steps can help ensure that your claim is filed well within the two-year limit, providing a better chance for a favorable outcome.
Types of Childcare Injury:
Childcares can fail our children in many ways, including through abuse and neglect. These include: failure to supervise, safety code violations, caretaker negligence, physical abuse, emotional or psychological abuse, and sexual abuse.
Child Abuse Lawyers
The abuse cases that come to mind for most people are those situations where the teacher or care provider hits children. Actions such as slapping or physical discipline or punishment. Another type of abuse is unnecessary restraint. An example of this would be when a care giver holds the child down with his or her knees, feet or arms. In this situation the child cannot move for an extended time.
Additional examples include: locking a child in a closet and turning off the lights, tying children down to keep them still. The examples go on and on. Other examples of abuse include body slamming children onto a mat or floor, pinching children, shaking children, or squeezing their arms, legs, torso with the caretaker’s hands or legs. Unfortunately, these forms of abuse can have painful and tragic consequences for the child both physically and emotionally. These child injuries must be addressed.
Neglect
The two most common types of neglect cases we see when it comes to childcare:
The caregiver forgets about the child and leaves them outside or inside alone. This is typically a checklist protocol failure. The caregiver fails to follow their head count protocol or checklist protocol and the child is left behind. Whether it is leaving for or returning from a walk, the playground, or a field trip, it can be very dangerous for a child to be left unattended. Unfortunately, we have seen child after child left outside for prolonged periods of time at various daycare institutions. This exposes the child to various weather conditions, lack of food and water, lack of restroom facilities, as well as the danger of vehicles or strangers. Failure to follow protocols can also lead to a child being left in a bus or van during extremely hot or cold weather. Losing track of a child is neglect.
Typically, you see separation anxiety, abandonment issues from a psychological perspective. Sometimes they’ll be injured. During the wintertime or rainy season, you’ll see them get a cold or sick. If the child has asthma or some sort of underlying medical condition that can be super dangerous. Kids with a medical condition or special needs will have a massive flareup and need medication. A diabetic child without food and water and hasn’t been given their diabetic medication because they were forgotten outside.
Signs of Child Abuse and Neglect
Perhaps one of the most terrifying aspects of these abuse and neglect cases is that these issues can be ongoing, and even diligent parents have no idea. Oftentimes, there will not be noticeable bruising or other physical signs for the parents to observe. Additionally, children are very susceptible to the caregiver’s threats of what will happen if they tell anyone. Without any visible signs of trauma and without the child speaking up, you can see how negligent and abusive behavior can go unnoticed.
Special needs and non-communicative children are at high risk for abuse. They cannot report abuse, so they will often be abused more quickly than children who do not face verbal difficulties. In addition, these children can often test caregivers’ patience, which puts them at an even further increased risk.
Emotional and Psychological Signs to Watch For
Identifying emotional and psychological abuse can be particularly challenging, but there are specific signs that can help parents recognize potential issues:
- Regressive Behavior: Your child may show signs of regression, such as bedwetting after being potty trained. This indicates a backward step in their psychological and emotional development.
- Separation Anxiety: If a child feels the need to constantly be around a parent or someone they trust, it could be a sign that a caregiver is abusing them.
- Excessive Crying: While it’s normal for children to cry, an increase in crying could signal abuse. Constantly observe your child’s behavior for any noticeable changes.
- Fear of Unknown Adults: Children can be shy around new people, but if your child was previously social and suddenly shows fear when meeting new adults, this may be an indicator of abuse.
Paying close attention to these signs can help parents take action sooner rather than later, ensuring the safety and well-being of their children.
Causes of Abuse in Daycares
There are many reasons that we see abuse and neglect in daycares. Oftentimes, the facilities will fail to hire enough caregivers and the classes are too large. Many daycare facilities fail to provide adequate training for their employees or even worse, no training. The managers and owners fail to adequately supervise the caregivers to make sure that they are following proper protocols and ensure they are not mistreating the children. Whatever the root cause, it is NEVER the child’s fault. These cases must be investigated and the at fault party must be held accountable.
What Damages Can I Claim If My Child Is Injured at Daycare?
When your child is injured at daycare, you may be entitled to various types of compensation. These damages aim to cover the broad spectrum of losses you and your child may experience. Here’s a detailed look at what you can claim:
Medical Expenses
Medical costs can skyrocket after an injury. Medical damages can include:
- Emergency Room Visits
- Physical Therapy
- Follow-Up Medical Visits
- Specialized Treatments
Loss of Income
If you or your partner had to take time off work to care for your injured child, you could claim compensation for lost wages. This covers:
- Extended Leave from Work
- Lost Earnings
Permanent Disfigurement
A severe injury may result in permanent scarring or loss of a limb. You can claim damages for:
- Scarring
- Loss of Limbs
- Long-term Rehabilitation
Emotional Impact
An injury can significantly affect your child’s quality of life, impacting their ability to enjoy daily activities. Claims may include:
- Loss of Enjoyment of Life
- Emotional Distress
- Psychological Counseling
Future Earning Capacity
Injuries that alter your child’s future abilities to work and sustain themselves can be recovered. This applies to situations such as:
- Severe Disabilities
- Specialized Career Training Needs
- Impairment of Future Earnings
Understanding Your Options
Documenting all aspects of the injury, from medical records to evidence of lost income, is crucial for receiving the compensation you deserve. Each case is unique, so consulting with a lawyer experienced in personal injury claims can provide tailored advice.
Required Safety Practices for Daycare Facilities in Texas
Ensuring the safety of children in daycare centers is a top priority in Texas. The state mandates a comprehensive set of safety practices that all facilities must adhere to. These requirements cover various aspects, including furniture, equipment, hygiene, and emergency procedures.
Key Safety Practices
- Regular Inspections: Daycare centers must conduct frequent safety inspections to identify and rectify potential hazards. This includes checking for secure furniture and safe playground structures.
- Hygiene Protocols: Staff and children must follow strict handwashing guidelines to prevent the spread of illnesses. Proper sanitation of toys and surfaces is also required.
- Equipment Standards: All furniture and playground equipment should be sturdy and well-maintained. Items such as bookcases must be anchored properly to prevent tipping.
- Severe Weather Preparedness: Centers must have clear procedures for severe weather conditions like thunderstorms or tornadoes, ensuring children’s safety through all scenarios.
- Injury Prevention: Measures must be taken to prevent common injuries. This includes padding sharp edges, maintaining soft landing areas around playgrounds, and supervising children at all times.
Adhering to these practices can help daycare centers in Texas create a safe and nurturing environment for children. Regular updates and staff training on these procedures are also critical for maintaining high safety standards.
Qualifications for Daycare Workers in Texas
To become a daycare worker in Texas, individuals need to meet specific qualifications set by the state. Here’s a quick breakdown:
- Educational Requirement: A high school diploma is essential.
- Background Checks: All candidates must pass a comprehensive background check to ensure the safety of the children.
- Training: Prospective daycare workers must also complete at least eight hours of pre-service training before starting their job.
These standards help ensure that daycare workers are well-prepared and trustworthy in caring for young children.
Legal Staffing Requirements for Daycare Centers in Texas
In Texas, the law mandates specific child-to-staff ratios for daycare centers to ensure the safety and well-being of children. These ratios vary depending on the age group of the children being supervised.
Age-Specific Ratios
- Infants (0-11 months): A single daycare worker may supervise up to four infants. This low ratio is essential because infants require intensive care and constant attention.
- Toddlers (12-23 months): One caregiver is allowed to care for up to six children in this age group. While more mobile, toddlers still need significant supervision.
- Two-Year-Olds: A childcare provider can be responsible for as many as 11 two-year-olds. Children at this stage are more independent but still require considerable guidance.
- Three-Year-Olds: One daycare worker can handle up to 15 children. Three-year-olds are typically more self-sufficient and engaged in group activities.
- Six-Year-Olds and Older: The ratio increases significantly for children who are six years old. One caregiver can supervise up to 26 children, reflecting their higher level of independence and ability to engage in self-directed activities.
Importance of Compliance
Adhering to these staffing requirements is crucial for children’s safety, psychological well-being, and developmental needs. Non-compliance can lead to legal penalties and jeopardize the daycare center’s operational license.
By understanding and following these guidelines, daycare centers can provide a safe and nurturing environment for all children under their care.
plan of action
How to Report Abuse
If you believe your child has been a victim of abuse, you must report it. The Department of Family and Protective Services (“DFPS”) will perform an independent investigation of the facility. Even though the daycare, summer camp, or foster agency may tell you they are reporting it, they are not required to report everything. You should always report any incident yourself regardless of whether the facility or organization has already reported it.
Phone: 1-800-252-5400
Onlinehttp: Click here to go to the online Abuse Report form
Why you should consider contacting a Child Injury lawyer
After filing a report with DFPS, you should contact a childcare injury attorney for a consultation if your child has suffered an injury at a daycare or childcare facility, a summer camp, or in foster care. These cases may involve claims for:
- Failure to supervise
- Safety code violations
- Caretaker negligence
- Physical abuse
- Emotional or psychological abuse
- Sexual abuse
Our team of daycare abuse and injury attorneys focuses on representing the interests of children and families harmed by negligent caregivers at daycare and in childcare programs. If your child is injured or neglected in a daycare facility, we are here to offer the legal help you need to seek justice for your child and to make our community safer for all children.
Pursuing a Daycare Abuse Lawsuit
Suppose your child has suffered at daycare, summer camp, or in foster care due to someone’s failure to supervise, a safety code violation, caretaker negligence, physical abuse, emotional or psychological abuse, or sexual abuse. In that case, you should contact a personal injury attorney focusing on childcare injuries to discuss your options. Our legal team is dedicated to protecting your child’s rights and ensuring negligent parties are held accountable. By pursuing legal action, you seek justice for your child and contribute to the safety and well-being of other children in the community.
How to Get a Free Case Evaluation for Daycare Injury Claims
If your child is injured or neglected in a daycare facility, it’s crucial to seek the help of a childcare injury attorney. If you want to seek justice for your child and to make our community safer for all children, call us to schedule a free strategy session with a childcare attorney to discuss your case.
We will give you the next steps in your claim, whether you need an attorney or not. At Snellings Law, we are parents and understand our role to help the community navigate these tough times.
How to Contact Us
You can reach us through multiple convenient options:
- Phone: Call us at (214) 387-0387..
- Online Form: Fill out the form below for a prompt response.
- Live Chat: Chat with a team member directly on our website.
Snellings Law Defends Children
At Snellings Law, our sole focus is personal injury law. No matter your age, we will stand with you and fight for you. Children are vulnerable and it is our responsibility to protect them and stand up for them. If your child has been injured at daycare, summer camp, in foster care or a similar type of program, contact us today. We will listen to your story and see how we can help you.
Frequently Asked Questions About Daycare Abuse & Child Injury
If your childcare provider has provided negligent care or abused your child, your case may present a valid cause of action against the childcare provider.
As soon as you suspect abuse or neglect at your daycare facility, summer camp or foster care provider, contact us for a consultation.
If your child is injured or neglected in a daycare facility, you need to take immediate steps to ensure their well-being and seek justice. Here’s what you should do:
- Seek Medical Care and Emotional Support
- Ensure your child receives appropriate medical attention as soon as possible. Don’t underestimate the importance of emotional support for your child during this time.
- Report the Incident
- Report the incident to the Department of Family and Protective Services (DFPS) by clicking on the link above. This step is crucial for documenting the event and initiating any necessary investigations.
- Gather Evidence
- Ask for a copy of any report generated by the daycare. If available, request to see video footage of the incident. Interviewing staff and other parents who might have witnessed or heard about what happened is also beneficial.
- Seek Legal Help
- For the legal help you need to seek justice for your child and make our community safer for all children, contact a legal professional. Taking this step ensures that those responsible are held accountable and can help prevent similar incidents in the future.
By following these steps, you will address your child’s immediate needs and contribute to the safety and well-being of all children in the community.
Personal injury lawyers work on a contingency basis. You pay no money up front. The fee for services is paid when the claim ends in a recovery. If there is no recovery, then no money is owed for fees and services.
Your child is hurting - we know you have more questions.
Download our FREE Guides. The first guide walks you through the steps of dealing with a daycare child injury. The second guide is going to teach you what to watch for as you seek a new provider.
Click the button below to learn more about the guides and how to download them!
Free Strategy Session Reveals How To Avoid the Traps Insurance Companies Set for Victims to Destroy Claims.
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How it works:
- Call us now or give us your basic information in the Free Strategy Session box
- If your case is something we cannot help you with, we will do our best to get you the information of someone who can.
- If we can potentially help you, we will schedule a Free Strategy Session
There is zero obligation. We want all injury victims to understand their rights and the process.
After your Free Strategy Session, you will understand where insurance companies can set traps for you and what needs to be done to avoid these traps. You will also understand the personal injury process as well as how we can help, or if you need the help of an attorney. The strategy session typically will have one of three outcomes. You:
- Decide to move forward with our law firm.
- Decide to think about it, and we will be available to answer your questions.
- Say, “I’ve got this,” and decide you do not need an attorney.
Again, there is zero obligation and you will be informed and understand your rights and the process. We want to arm you with knowledge to avoid the traps insurance companies set to harm your claim.
If your child has been injured at daycare, childcare, summer camp or in foster care, please call us today.