Negligent Hiring / Training Of Staff
Day care facilities have a legal duty to hire qualified staff and adequately train them. A child harmed by a day care that failed to comply with these requirements has legal recourse. The J. Guerra Law Firm fights for injured children in San Antonio, Alice, Castroville, and throughout Texas. If your child was hurt due a day care facility’s negligence, one of our dedicated child injury attorneys can help you.Day Cares Must Hire and Train Qualified Employees
The Texas Administrative Code contains several provisions that regulate the hiring and training of child care employees. For instance, § 745.615 requires that day cares perform background checks on all employees and prospective employees. Section 746.1301 mandates that all employees receive certain training within seven days of employment.Texas Law Protects Children Injured by Negligent Hiring or Training
The parents of an injured child may bring a claim against a day care for negligent hiring or training. These are the basic elements that the parents must prove:
- The defendant owed a duty of reasonable care to the child;
- The defendant breached the duty; and
- The defendant’s actions proximately caused the child’s injury.
Day cares owe a duty of reasonable care to the children they supervise. Part of this duty includes performing the background checks and training required by the Texas laws discussed above. Violating these statutes breaches the day care’s duty. Therefore, the day care may be held responsible if an inadequately trained employee causes injury to a child.
Even if the employee is the direct cause of the child’s injury, the day care may be liable for the employee’s actions under the Texas rule of vicarious liability. Also, the day care may be independently liable if it breached its duty to conduct adequate employee background checks and training. This assumes that the child’s injury was a foreseeable outcome of the day care’s failure to train the employee or perform a background check. In this complex area of law, you should ask a knowledgeable attorney if you are unsure as to who holds ultimate responsibility for your child’s well being in this context.Damages Are Available to Children Harmed by Negligent Day Cares
Parents who successfully sue a day care for negligent hiring or inadequate training may be entitled to collect damages on behalf of their children in order to compensate for their children’s injuries. Any medical bills, therapy costs, or other direct expenses of the injuries can potentially be reimbursed. Likewise, the child can get compensation for emotional, physical, and psychological injuries. These include pain and suffering, disfigurement, and emotional distress. If the day care acted with gross negligence, the parents also may seek punitive damages. An experienced attorney can explain which damages you should seek.Hold Texas Day Cares Responsible for their Negligence
Day care facilities that cut corners by negligently hiring or training employees must pay for the suffering caused by their dangerous behavior. The experienced day care injury lawyers of The J. Guerra Law Firm have years of experience holding negligent child care facilities responsible. Whether you are from Castroville, New Braunfels, or another area in Texas, we can help you seek compensation for your child’s injuries. Call 877.903.8323 or fill out our online contact form to schedule a free consultation.