Poor Record Keeping by Day Care Operators
Texas law requires that day care facilities keep certain records, including information about the children in their care and documentation on accidents that occur. The child care negligence attorney at The J. Guerra Law Firm has an intimate knowledge of the laws applicable to child care centers. If your child was hurt at a day care, San Antonio lawyer Jesse E. Guerra, Jr. can help determine whether the injury was caused by negligence.Texas Imposes Recordkeeping Requirements on Day Care Centers
The Texas Administrative Code requires day care facilities to keep specific records. For example, § 746.603 mandates that day care facilities keep medication, administration, immunization, and other health records for every child in their care. Texas law also requires day cares to keep a record of all situations that placed a child at risk, including a child being left in a van. Furthermore, § 746.801 lists 26 other categories of records that all day care facilities must keep, including playground maintenance checklists, fire inspection reports, sanitation reports, and insurance information.Negligent Day Cares Should Pay for the Injuries They Cause
Although the family of a child cannot generally sue a day care for violating record-keeping requirements, failing to keep these records may be considered unreasonable behavior, which is one element of a negligent case.
The first required element of a negligence case is that the defendant owed the plaintiff a duty of care. In most cases, the plaintiff alleges a duty of reasonable care, which a day care facility would owe to the children in its care. Second, the defendant must have breached this duty. Failing to keep important records that could affect the safety of the children may be considered a breach of this duty. Finally, the plaintiff must prove that the breach caused the injuries. An example of a breach leading to causation could be a day care’s failure to keep a child’s allergy information on hand, resulting in a child being hurt. A day care might also be liable if failure to keep certain records did not directly cause a child’s injury but caused the harm to be more severe than it otherwise would have been.
The family of a child injured by a negligent day care facility may be able to recover the out-of-pocket expenses incurred as a result of the defendant’s negligence. These can consist of objective harms, classified as economic damages, or more subjective harms, classified as non-economic damages. Past and future medical expenses, physical therapy bills, and other costs fit within the category of economic damages that may be reimbursed by the liable defendants. In addition, the child may be entitled to compensation for any physical or psychological injuries caused by the defendant’s negligence, which fit within the category of non-economic damages.
Even if your child’s injury was caused by the carelessness of a specific staff member, you still may be able to sue the facility. An employer such as a day care can be held liable for the careless actions of an employee if that employee was acting in the scope and course of employment.Consult a Dedicated Child Injury Attorney in Austin
A professional day care center must adhere to all requirements under Texas law. When facilities choose not to keep up with regulations, children can get hurt. Austin child injury lawyer Jesse E. Guerra, Jr. has a strong track record of fighting for injured children from Corpus Christi, Boerne, and throughout Texas. To see if The J. Guerra Law Firm can help you, call 877.903.8323 or fill out our online contact form.