Children Left in Vans
Vehicles left in the Texas sun can reach deadly temperatures very quickly. A child left locked in a van has only a few minutes before he or she is in serious danger. San Antonio child injury lawyer Jesse E. Guerra Jr. of The J. Guerra Law Firm advocates for injured children from Corpus Christi, New Braunfels, and throughout Texas. If your child was injured or killed after being left in a vehicle, you can seek justice in Texas courts.Families of Injured Texas Children Can Seek Compensation
A car left in the sun in Texas can reach dangerous temperatures in minutes. According to the National Oceanic and Atmospheric Administration, a car left in the sun on an 80-degree day can reach 94 degrees inside in only two minutes. After an hour, the temperature inside the car is more than 120 degrees. Those temperatures can seriously harm or kill children. In a hot Texas summer, this practice is even more dangerous.
If a child left in a day care van is injured, the child’s guardians can file suit against the day care center for negligence. If a child was killed, the family can possibly file a wrongful death lawsuit.
To prove negligence, either on its own or as part of a wrongful death claim, the plaintiff must prove that the day care owed the injured child a duty of reasonable care, the day care breached that duty, the child’s injuries were caused by the defendant’s actions, and the child suffered damages as a result of the injuries.
Day care facilities owe the children entrusted to them a duty to act reasonably given the circumstances. Accounting for each child and searching vans to ensure that no children are inside is reasonable behavior that responsible day cares practice. Failure to do so may be considered a breach of the duty of care. If day care staff fail to act reasonably, and a child left in a van is injured or killed, the day care may be liable for the child’s injuries.
Successful negligence plaintiffs may be entitled to damages from the liable defendants. An injured child may have significant medical expenses, including hospital bills, physical therapy costs, and expensive medication. The child may also need significant medical care far into the future, especially if the child was permanently disabled. A liable defendant can be held responsible for all of these costs. The child can also collect compensation for his or her emotional and physical injuries, including pain and suffering, emotional distress, and disfigurement.
In cases where the defendant acted with gross negligence, a jury might award the plaintiff punitive damages, which are intended to punish defendants who acted with a conscious indifference of the consequences of their actions.Make Austin Day Cares Pay for Their Negligence
A child should never be left in a car alone, even in mild weather. Texas law gives parents whose children were injured by a negligent day care the right to hold the facility accountable for its actions. Austin child neglect attorney Jesse E. Guerra Jr. of The J. Guerra Law Firm can help you seek justice for your child’s injury. Call 877.903.8323 or fill out our online form to schedule your free case evaluation.