Day cares should be a safe place for children to learn and grow. Child care facilities that negligently leave children unsupervised should pay for their actions if kids are hurt. San Antonio child care negligence lawyer Jesse E. Guerra, Jr. has a deep understanding of Texas law as it relates to child safety. If your child was injured in a day care equipment accident, The J. Guerra Law Firm can help you understand your rights.Hold Negligent Day Cares Accountable For Injuring Your Child
Children should never be allowed to play around dangerous, dilapidated, or broken equipment. Even kid-friendly playground equipment injures thousands of children yearly. According to the Centers for Disease Control and Prevention (CDC), more than 200,000 children under the age of 14 seek emergency room treatment for playground injuries every year. Swings and climbers are the leading causes of playground injuries.
A child injured by dangerous equipment can seek damages in court by filing a negligence lawsuit against the day care facility. Successful negligence claims share four common elements:
- The day care owed a duty to the child;
- The day care breached that duty;
- The day care caused the child’s injuries; and
- The child or child’s parents incurred damages as a result of the injuries.
All day care facilities have a duty to exercise reasonable care when supervising children. Leaving children unsupervised, especially in a potentially dangerous setting, would likely be considered a breach of this duty. So would neglecting maintenance or failing to inspect playground equipment. If the day care’s unreasonable behavior was a substantial contributing factor to a child’s injury, the facility may be held liable.Recovering Compensation After an Equipment Accident
Through a lawsuit brought by their parents or legal guardians, children injured by a negligent day care can collect money damages. Economic compensatory damages reimburse the victim for the direct costs of the injuries. For example, these damages compensate the family for the child’s medical bills incurred as a result of the defendant's carelessness. If a child experienced pain and suffering, disfigurement, or emotional distress, the child can receive compensation for those injuries as well. The payments for these and other subjective injuries are called noneconomic compensatory damages. In rare cases, defendants who were extremely careless or reckless may be ordered to pay punitive damages.
Texas law imposes a two-year statute of limitations on injury cases. This means that the guardians of an injured child generally must bring a negligence case within two years of the date of the injury. Failure to do so may result in the case being permanently dismissed from court, leaving the family with no compensation to pay for the child’s medical expenses and other injuries.Trust Your Houston Injury Case to a Dedicated Children’s Lawyer
Kids deserve to live a happy and safe childhood. Negligent day cares that unfairly deprive children of this right can be held liable and made to pay for their decisions. If your child was injured by a negligent day care in Seguin, Castroville, or anywhere in Texas, a day care injury attorney at The J. Guerra Law Firm can help you seek compensation. Call 877.903.8323 or visit our contact page to schedule a free consultation with Jesse E. Guerra, Jr.