Austin Personal Injury Blog

What to Do If Your Child Gets Hurt and You Want to Sue

Posted By The Stewart Law Firm, PLLC || 3-Apr-2017

daycare injuryFor parents, the health and safety of their children is their top priority. Every day, thousands of parents entrust the well-being of their children to daycare centers and schools, temporarily relinquishing custody to those whom they believe will protect them from harm and care for them as their own. However, children are not always safe in the care of others and negligence may result in injuries.

Daycare

The majority of daycare centers require parents to sign either a release or waiver of liability, which often grant the center and its employees the right to authorize emergency care when a child is injured and a parent is not immediately available. The form also releases the daycare center from liability for any injuries or subsequent damages. Despite this clause, courts generally agree that it is inappropriate for a child’s parents to essentially sign away their child’s rights to compensation. Therefore, if your child is injured while at a daycare center, you have the right to file a personal injury claim, regardless of any forms you may have signed.

The elements involved in such a case include:

  • The daycare center had a duty to protect your child.
  • That duty of care was breached.
  • The breach resulted in your child’s injuries.
  • The injury must have been something the staff could have anticipated.
  • You must prove the nature and value of your child’s injuries.

School

There are many circumstances in which a child may be harmed at school. It may be caused by the vicious actions of a bully, the intentional harm of an employee, or an accident caused by improperly maintained property. If your child was harmed by a bully, you might not be able to hold the school liable, unless they had reason to suspect the bullying was occurring.

If an employee harmed your child, the employee and the school district may face liability.

Child Injury Attorney in Texas

If you are a parent, you may wonder what options you may have for legal recourse if your child was injured. At The Stewart Law Firm, PLLC, we will fight on behalf of your child and work to find an efficient and successful resolution for your case.

Contact us today at (512) 271-5112 for a free case evaluation. We are available 24/7 to take your call.

Categories: Personal Injury
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