For 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.
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.
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.