Houston Daycare Abuse & Negligence

Attorney Michael Grossman Discusses Daycare Abuse Liability and Negligence

If your child has unfortunately had to suffer physical, emotional or sexual abuse at a daycare facility you are allowed by law to seek punitive measures against those responsible by filing a civil suit.

The attorneys at Grossman Law Offices have had extensive experience in this area of personal injury law and understand the pain and anger that you undoubtedly must now be feeling. We have written this brief informative article to give you a better perspective on daycare abuse liability and negligence in the Houston area.

How Can I Hold Those Who Were Negligent to be Liable?

Here is a list of the most common causes of daycare abuse:

Negligent Supervision:

This is the most common type of negligence in daycare abuse cases. If the supervising adult failed to provide adequate safety for the child this may be claimed, and may be brought against a daycare worker or a secondary employee such as bus driver or janitor. Any adult who fails to take proper action to either prevent a dangerous situation or to rescue a child from such a situation that results in injury or death may be held liable, via this claim of negligent supervision.

Negligent Entrustment:

This is probably the second leading cause of daycare abuse liability and negligence and enables a lawsuit to be brought against the entire daycare facility, not just against the individual worker. As an example, let’s look at a real case where a child fell from a ladder that a daycare worker had left standing. What if a worker is absent from the room when a child falls? In this case, a lawsuit could be brought against both the daycare worker and also the facility itself. This is important, since the daycare facility itself is more likely to be financially solvent than might be the minimum wage earning daycare worker.

Negligent Hiring:

If the daycare facility or a secondary employer like a bus company failed to conduct a thorough background investigation on a prospective employee then negligent hiring may be claimed in a lawsuit. If that employee with a checkered past commits a harmful act against a child then the employer may be named in a negligent hiring lawsuit. As parents we have the right to expect that daycare facilities will do their utmost to ensure that only individual with no proclivity to perform dangerous or reckless acts will be in contact with our children while at that facility.

Other Causes:

In addition, here is a list of other causes of daycare abuse:

• Failure to meet those standards described in the Texas Minimum Standards for Licensed Child Care Centers.
• Breach of contract.
• Failure to show sound judgment or general competency.
• Lack of proper supervision of the daycare workers.
• A failure to get a child out of a dangerous scenario.
• A failure to meet the acceptable standards of care for a daycare or shelter or after school or child care home facility.
• A failure to provide timely treatment of an injured child.
• A claim of “res ipsa loquitor” (translated meaning, “the thing speaks for itself”). This means that a child at the daycare facility would not have experienced any injury had it not been for the behavior of that daycare worker at the facility.
• Fraud or misrepresentation.
• General negligence.

If any of these causes of daycare abuse liability and negligence can be substantiated, an aggrieved family may file a lawsuit. This will not only provide that family with needed compensation to cover their financial losses but it will also serve justice to those responsible for this tragedy. This in turn will help ensure that other families will be spared having to go through this degree of personal pain.

The attorneys at Grossman Law Offices have been successfully litigating personal injury cases, including cases of daycare abuse, for over 20 years. During that period of time we have won millions and millions of dollars in settlements for our Texas clients from manufacturers and insurance companies based throughout the United States. Our reputation for integrity is unmatched and our track record is outstanding.

If your child has suffered abuse at a childcare facility then contact Grossman Law Offices today, at 1-855-392-0000 (toll-free). We are pleased to offer a complimentary consultation and can be reached 24 hours a day. Michael Grossman and his associates look forward to discussing your case with you and to answering all the specific questions that you must have.