Lack of Supervision
Parents know that a child left unsupervised is at risk for injury. Day cares that leave children without adequate supervision can be held liable if a child is harmed as a result. The San Antonio day care injury attorneys of The J. Guerra Law Firm advocate for the safety of children. If your child was hurt due to negligence by a day care facility, we can inform you of your legal options.Lack of Supervision Is a Leading Cause of Child Abuse and Neglect
Child neglect often occurs in the context of negligent supervision. This happens when a child is injured because someone placed the child in, or failed to remove the child from, a situation requiring judgment or actions beyond the scope of the child’s abilities. According to the Texas Department of Family and Protective Services, neglectful supervision caused about 75 percent of all cases of child abuse or neglect in 2011.Texas Law Protects Children
If a child is injured due to a day care’s failure to provide adequate supervision, the child’s parents can bring a negligence lawsuit against the day care. Texas law requires negligence plaintiffs to prove the following elements:
- The day care owed a duty to the injured child;
- The day care breached its duty; and
- The child’s injuries were proximately caused by the day care’s actions.
Day cares owe a duty to the children they serve to exercise reasonable care. Leaving children unattended for a long period of time or allowing them to play in a dangerous area generally breaches this duty. However, the age, maturity, and mental and physical capabilities of the children involved all affect whether or not the day care’s behavior was reasonable.
If the day care acted unreasonably, the parents then must prove that the day care’s actions caused the child’s injuries. In some cases, this is as simple as showing that the child was injured while left alone by day care personnel. In other cases, the parents may need to submit more complex evidence.
Parents also can choose to file a lawsuit based on a cause of action other than negligence. For instance, they may consider a negligence per se claim. This type of claim can succeed if the day care was cited for violating a law designed to protect the safety of children, such as a negligent supervision statute. Ask an experienced attorney about the best way to pursue compensation for your child’s injury.Injured Children May Receive Damages
If the parent of an injured child files a successful lawsuit against a negligent day care, the child may be entitled to both economic and non-economic damages. Economic damages can cover the child’s past and future medical expenses, physical therapy, or other costs that can be objectively estimated. Non-economic damages may compensate the child for pain and suffering, mental anguish, or other subjective injuries. Less commonly, the child may receive punitive damages if the day care acted with gross negligence.Uphold Your Child’s Rights in Texas
Parents should know that their children are supervised and safe when at day care. If your child was injured at a day care because of inadequate supervision, you can seek to hold the day care accountable. The Houston child injury lawyers of The J. Guerra Law Firm advocate for the rights of children from McAllen, Corpus Christi, and throughout Texas. Call 877.903.8323 or visit our contact page to schedule a free consultation.