Day cares and schools must take proper precautions to prevent the children in their care from classroom falls. Schools that fail to do so may be held liable by the family of a child who suffers injuries in such an incident. The San Antonio child care negligence lawyers of The J. Guerra Law Firm are advocates for injured children. If your child was harmed in a classroom fall, you can hold the school or day care responsible for its failure to protect your child.More Nonfatal Injuries Are Attributable to Falls Than to Any Other Cause
Millions of children are injured or killed in falls each year. According to the Centers for Disease Control and Prevention, about 2.8 million children are treated in emergency rooms for fall-related injuries each year. For children ages 15 to 19, falls remain a top-three cause of nonfatal injury. Responsible caregivers can take measures to minimize fall injuries for young children. For example, the CDC recommends the installation of soft playground surfaces.The Parents of an Injured Child Can File a Negligence Lawsuit
Because minor children cannot serve as plaintiffs in a lawsuit, the parents of a child injured in a classroom fall may bring a lawsuit on her behalf. Parents in these situations sometimes choose to file negligence lawsuit against the day care. To prevail in such a lawsuit, the plaintiff must prove:
- The day care owed a duty to the child;
- The day care breached that duty; and
- The child’s injuries were proximately caused by the day care’s negligence.
Day cares have a duty to take reasonable measures to care for the children they supervise. This necessarily entails taking precautions to minimize the risk of children being injured in classroom falls. If the facility does not take these measures or lets children engage in unreasonably dangerous activity that could lead to a fall, it will have breached this duty. When a child falls and is injured as a result of the day care’s breach, the day care may be liable for the child’s injuries.
In addition to, or as an alternative to, a negligence claim, there are other causes of action the parents of injured children might pursue, depending on the circumstances of the case. A premises liability lawsuit may be appropriate if the owner of the property on which the child was injured failed to correct a known hazardous condition. Or, parents might allege negligence per se if the day care violated a safety-related statute. A knowledgeable attorney can advise you of the best way to pursue a claim for your child’s classroom fall injury.Negligent Day Cares May Be Liable for Damages
A plaintiff who brings a successful negligence, premises liability, or negligence per se claim will be entitled to damages. Compensatory damages reimburse the plaintiff for the injured child’s past and future medical bills, physical therapy, and other objective costs of the injury. More subjective injuries, such as pain and suffering, mental anguish, or physical impairment are also compensable. Finally, if the defendant was found to have acted with fraud, malice, or gross negligence, an award of punitive damages may be appropriate.Protect Your Injured Child’s Rights
Texas law protects the safety of children at day cares and schools. If your child was injured in a classroom fall, the Austin negligent day care attorneys of The J. Guerra Law Firm can help you hold your child’s day care responsible. We fight for children in San Marcos, Temple, and throughout Texas. Call (877) 903-8323 or fill out our online contact form to schedule a free case evaluation.