Seeking Legal Action for Houston Daycare Child Abuse, from Houston Daycare Abuse Attorney Michael Grossman

If you have reason to believe that your child may have suffered from physical abuse, sexual abuse, emotional abuse, or child neglect while at a Houston daycare center, you may have cause to pursue a civil course of action through a personal injury lawsuit on behalf of your child.

The following article, provided by Houston daycare abuse lawyer Michael Grossman, offers information on child abuse statistics, signs of possible child abuse, steps to take if you believe your child may be suffering from daycare abuse, and the legal issues surrounding such traumatic incidents. Daycare child abuse can cause severe injury, emotional trauma, and all kinds of issues that can result in a child suffering well into their adult years. Through a child abuse personal injury lawsuit in Houston, an aggrieved parent or guardian can seek compensation for their child’s incurred damages in addition to seeking justice against those responsible for causing harm to their child.

Child Abuse Statistics in the United States

A non-profit organization in Texas, Prevent Child Abuse Texas, offers these statistics for child abuse incidents in the country:

• Possible child abuse victims in 2001 totaled 3,844,000.
  • 54% were neglected.
  • 19% were physically abused.
  • 10% were sexually abused.
  • 3% were emotionally abused.
  • 14% were abused in other ways.
• Four children die per day due to child abuse.
• 13,700 children experience child abuse or child neglect per day.
• Texas Child Protective Services conducted 131,150 child abuse or child neglect investigations in 2003, with 50,208 confirmed victims.
• 184 children died in 2003 due to child abuse or child neglect.

These statistics speak to the responsibility of any adult to take initiative to contact the proper authorities when child abuse is suspected of occurring in any form or fashion. Since children cannot defend themselves, and often cannot verbalize what may be happening to them, it is up to an adult to ensure that such children are not allowed to continue suffering.

Another statistic shows that, in 1997, only 3% of reported child abuse cases occurred in a daycare facility, institutional care facility, or while a child was in foster care. That percentage has reportedly remained consistent. While child daycare abuse cases often receive much notoriety through the press, often making them seem like a somewhat common occurrence, they do not occur as often as the late local news may suggest. However, one incident of child daycare abuse is one too many.

Warning Signs of Daycare Child Abuse

While a parent or guardian often has an instinctive sense as to whether or not their child may be acting far differently from their normal behavior, which can be an early warning sign of abuse or neglect occurring, some parents or guardians may not want to believe that such a tragic incident has happened to their child. As a result, they may involuntarily choose to believe that their child may be suffering from something else. This can be further complicated by the fact that children cannot properly verbalize their feelings. Additionally, they may fear any repercussions if they’re found out to have reported an adult for doing something harmful to them. In other words, a child’s fear may prevent them from being able to say anything about what is occurring to them. Consequently, it can be difficult for a parent or guardian to know what their child may be experiencing while at daycare. The following signs may be of assistance in helping to determine if you should have cause for concern:

Neglect may be apparent in:

• Aggressiveness
• Withdrawal
• High thirst or high hunger after daycare
• Lack of an adequate teacher-to-child ratio
• Dirty physical appearance or dirty diapers
• A daycare that does not allow or works to prevent unscheduled visits from parents or guardians

Emotional abuse may be apparent in:

• Delays in development
• Speech disorders
• Severe asthma, allergies, or ulcers
• Aggressiveness
• Anti-social behavior
• Sleep deprivation
• Passive-aggressive behavior
• Habitual disorders like thumb-sucking, biting, or rocking

Sexual abuse may be apparent in:

• Torn or stained underclothes
• Genital bruising or genital bleeding
• Difficulty in standing or sitting
• Urinary tract infections
• Yeast infections
• A heightened interest in sexual issues or sexual parts of the body
• Fearful of physical contact or necessity for physical contact

Physical abuse may be apparent in:

• Aggressiveness
• Crying or fighting
• Severe mood swings
• Unexplained areas of bruising or swollenness
• Unexplained cuts or scratches
• A strong desire to not go to daycare
• Withdrawal
• Pain complaints without an ability to adequately describe what happened

What Should I Do If I Think My Child May Have Experienced Abuse in a Houston Daycare?

Did You Know?

Our Houston Texas attorneys have won hundreds of day care abuse cases. Call us today to discuss your case. 1-855-392-0000

Instances of sexual abuse or physical abuse are often more apparent than instances of neglect or emotional abuse; however, emotional abuse can result in emotional scars that can alter a child’s life and prolong their development into adulthood. By closely listening to a child’s recounting of their time at a daycare, and by asking pertinent questions every day about a child’s time at daycare, a parent or guardian can work to maintain a vigilant guard over their child’s emotional health. If the child is reticent to speak about their time at daycare or seems fearful or depressed when asked to talk about their time at daycare, a parent or guardian may need to delve deeper into why their child feels that way.

If you have reason to believe that your child may have suffered physical abuse, sexual abuse, emotional abuse, or neglect while at a Houston daycare, communicate your fears to your spouse or partner first. Those closest to a child should be able to assess whether or not the child’s behavior is out of the ordinary. If abuse is suspected of occurring, a next step could be communication with parents or guardians of other children at the daycare. While such communication requires a certain amount of tact, it can be approached by inquiring whether or not the other parents have witnessed any behavioral issues in their own children. In some instances of daycare child abuse, abuse may be coming at the hands of another child, i.e. a bully, and communication with another parent may be able to uncover if such an issue is a cause for concern. On the other hand, daycare abuse may be the result of the negligent behavior of a daycare worker, or a secondary worker at the daycare, like a van driver or a janitor, and conferring with other parents may be able to help you assess if you should proceed with further action.

If any form of child abuse is suspected of occurring after talking with those also responsible for the care of your child and discussing possible issues with other families who have children in the same daycare system, contact the Texas Department of Family and Protective Services or local authorities as soon as possible. Professional workers who believe child abuse may be occurring in a home have a legal responsibility to contact the authorities when abuse is suspected of happening. Parents of children who may be suffering child abuse in a Texas daycare should have no qualms in contacting the authorities if such abuse is suspected of occurring at a daycare. In emergency instances that require immediate assistance, the DFPS can be contacted toll-free at their child abuse hotline, 1-800-252-5400, at any time, on any day. For non-emergency responses, a request for assistance can be made through the Texas Statewide Abuse, Neglect, and Exploitation Reporting System website, where requests are answered within a 24-hour window.

In addition to reporting suspected daycare child abuse to the proper authorities, an affected child should also be taken to receive proper medical attention. Once informed of the possible cause for a child’s injury, an experienced medical professional will know what to look for in terms of physical abuse or sexual abuse. A child may need to see a mental health professional in instances where emotional abuse or neglect has occurred. Such a child should be given a full examination so that the full extent of the child’s injuries may be known. If you are in need of finding proper medical help in order to help your child, our Houston child injury law firm can assist you in seeking medical attention.

After taking those steps, consider contacting Houston daycare abuse attorney Michael Grossman. While it is difficult for some to consider taking legal action in the aftermath of such a tragic incident, it may be imperative toward the outcome of a personal injury case and the justice served against the negligent parties. When a claim of child abuse at a Houston daycare is made, the State of Texas will likely launch an investigation as soon as possible in order to ascertain the merit of the claim. This investigation can be emotionally draining for a family that may be emotionally frayed from the events that have transpired. With the help of an experienced and knowledgeable Houston daycare abuse lawyer to take care of the paperwork, the questions, and the many legal issues surrounding such an investigation, Michael Grossman and his team at Grossman Law Offices can assist you through such a trying time. We will come alongside you during this emotionally draining time so that your rights and your child’s rights are protected at all times.

Liability and Daycare Abuse in Texas

The answer to the question of “Who’s to blame?” is central to a Houston personal injury lawsuit. In the aftermath of a claim of daycare child abuse, this is often one of the first issues that the injured parties want answered. Possibly contrary to popular belief, many instances of daycare child abuse do not occur due to the negligence of a daycare teacher or care-giver. Often, another person that has some minor amount of contact with a child in the course of their time while at a daycare may be responsible for perpetrating such abuse. Family members of those that work at daycares have also been implicated in past instances of daycare child abuse. However, if an employee of a daycare is found guilty of any type of child abuse, both the employee and the employee will bear liability for the extent of the child’s injury. In incidents that may involve more than one liable party, separate civil lawsuits may be brought against each party so that they may be held responsible for their behavior. Since claims of child abuse must be vetted to a high degree in order to properly identify a suspected child abuser, an exhaustive investigation must be made into such claims so that the liable parties can be held accountable for their actions.

Negligence and Houston Daycare Child Abuse

Different forms of negligence may be claimed as grounds for a personal injury daycare child abuse lawsuit. General negligence may be claimed in instances where a specific type of negligence does not apply. Negligent hiring practices may be claimed where an employer failed to conduct a reasonable background check on an employee. If an employee with a noticeably checkered background is consequently allowed to work with children and consequently injures a child, the employer could be held liable for the accident through negligent hiring. Since background checks for prospective employees at daycare facilities must be fairly extensive, a daycare guilty of negligent hiring must often have been quite negligent in their hiring process. Negligent supervision may also be claimed if a supervising adult fails to provide for the safety of a child while the child is in their care. In contrast to other types of personal injury cases where one specific claim of negligence must be made against a defendant, a plaintiff in a daycare child abuse case may bring a number of claims of negligence against a liable party. If only one claim can be proven to have been a contributing factor to an instance of daycare child abuse, then a plaintiff will likely be able to seek full compensation for their child’s injuries in addition to seeing justice served against the liable party.

Houston Daycare Abuse and Vicarious Liability

When an employee is held to be liable for an issue regarding child abuse in a daycare, the worker’s employer will be held vicariously liable for their employee’s actions due to the Texas legal notion of “respondeat superior.” However, ascertaining the true owner of a child daycare center may prove more challenging than one would first expect. While some daycare centers are privately owned, others may be owned by a corporation. In some instances, discovering the owner of a property, especially in the aftermath of child abuse allegations, may prove challenging. Furthermore, for daycare centers that may be owned by a corporation, such an entity will likely have legal assistance at the ready that will work to cover their assets should a lawsuit be brought against them. Without the the help of a knowledgeable Houston daycare abuse attorney like Michael Grossman, an aggrieved party often stands little to no chance of seeing a favorable outcome against such a substantial defense.

Furthermore, when a company is involved in a personal injury lawsuit, the company’s insurance policy will also, more often than not, be part of the legal process. Consequently, an insurer may become an additional defendant in a daycare child abuse case in Houston, TX. Depending on the size of the insurance policy, an insurer will often send their best insurance adjusters and defense attorneys to work such a case. In so doing, these adjusters and defense lawyers will work to mitigate the losses that the insurance company must take, regardless of an aggrieved party’s real need for proper compensation. Houston daycare child abuse lawyer Michael Grossman has faced almost every major insurer in the country. As they’re often familiar with our firm and our past history of successfully defending our client’s rights against their tactics, we’re often able to work toward an out-of-court settlement, since their defense attorneys would rather not meet us in a court of law. However, should a trial case be necessary, we will be just as ready, and aggressive when necessary, to defend your rights so that justice might be served.

Why Should I Pursue a Houston Personal Injury Lawsuit for Daycare Child Abuse?

Seeking legal action in the aftermath of suspected daycare child abuse is not a step to be taken lightly. However, such legal action in the form of a personal injury lawsuit in Houston can assist an aggrieved family in two specific ways. First, compensation can be sought for the financial losses that have been incurred due to your child’s injury. The economic losses are known as damages. Damages can be sought for both past and future medical bills, pain and suffering, emotional or mental trauma, and issues like impairment of disfigurement. Since child abuse can leave lasting emotional scars on a child, such an issue is taken into account when calculating the possible damages that a child has incurred. Furthermore, punitive damages may be assessed against a liable party if a judge or jury believes that a negligent party’s actions require such a response.

However, while seeking compensation is a necessary part of any civil suit in Texas, such a lawsuit is also beneficial in regards to bringing liable parties to justice so that their continued negligent behavior does not have to cause harm to another child or grief to another family. More often than not, seeking justice is the motivating factor for an aggrieved family to pursue legal action against a negligent party. Such a family deserves to see justice served for their child’s daycare injury, and, regardless of the presence of criminal charges, an aggrieved family can seek legal action against a liable party. We can help you through this difficult time so that such negligent parties can be held accountable for their behavior.

Contact the Houston Daycare Child Abuse Law Firm of Grossman Law Offices

If you have reason to believe that your child is suffering from neglect, emotional child abuse, physical child abuse, or sexual child abuse, contact Houston daycare abuse attorney Michael Grossman and his team at Grossman Law Offices toll-free at 1-855-392-0000 for a confidential and free legal consultation. You’ll be able to discuss the details of any suspected incidents of child abuse and we’ll work to answer your questions. We’ll also apprise you of your possible legal options. Should you be able to proceed with seeking legal action through a Houston personal injury lawsuit for an incident of daycare child abuse, we can help you start that process. No child should suffer injury while in the care of an adult. For the unfortunate instances where such abuse occurs, the negligent parties should be held fully accountable for their actions. The child daycare abuse attorneys at Grossman Law Offices are ready to help you through this difficult time.