Failure to Monitor Your Child–What Happens When You’re Away

It’s the early morning of a weekday. You can smell the coffee as you are getting ready for the day ahead. Before heading out the door, you pack your child’s bag for daycare to ensure they have everything they need. As you drive through the neighborhood, you can see your child’s face in the rearview mirror. Everything is right. You drop them off at daycare thinking they will be in good hands. However, as the hours pass, you receive the phone call every parent fears. Your child has been badly injured due to the daycare’s negligence, due to the daycare’s failure to properly monitor your child. 

Every parent wants the best for their child. When choosing a daycare for your child, you want to feel confident that you’re placing your child in the hands of someone who will watch out for them, monitor them, and keep them safe while you’re away. However, we continue to see news stories of children injured or dying at the hands of a daycare. This is why it is important to know your rights when your child is injured due to one’s imporoper supervision.

If your child was injured while at daycare, it may be clear your child’s injuries were due to:

·         The daycare’s improper supervision of your child;

·         The daycare’s lack of control and training of their employees; and

·         The daycare’s complete and conscious disregard for the safety and well-being of your child.

Improper Supervision

When you hire a daycare to supervise and tend to your child while your away, the daycare and their employees owe a duty of care to protect your child from harm. Improper supervision and neglect of your child by the daycare and its employees constitute a clear breach of the duty of care owed to you and your child. If your child is injured due to the daycare and its employees’ improper supervision and neglect, they are responsible for that harm.

Lack of Control and Training

It is expected that daycares will properly train their employees to supervise and care for your child. However, as we have seen overtime, this doesn’t always happen. While your child is playing at daycare, employees may be pre-occupied by social media, cell phones, or chatting with co-workers. When your child is injured because of the employees’ faulty supervision, another reason may be the employee may not have the proper training to care for your child. Because such employee is working for the daycare at the time your child is injured, not only is the employee liable for the injury of your child, but the daycare is also responsible under the doctrine of respondeat superior.  

Complete and Conscious Disregard

Finally, if your child is injured in an area of the daycare in which an employee cannot supervise your child at all times, the daycare is liable under negligence per se. For example, Attorney Brian White and Associates represented a minor child after he was injured at a daycare. While attending daycare, the minor was playing with an unsecured, large, wooden toy kitchen, out of the employee’s vision and control. While he was playing, the entire kitchen fell on top of him causing the bones in his finger to be crushed into multiple pieces. Our firm was not only able to argue improper supervision and lack of control and training, but we also argued that the daycare was negligent per se.

The daycare was negligent per se because they violated Sections 746.1205 and 746.2503 of the Texas Department of Family and Protective Services Licensing Division, Minimum Standards for Child-Care Centers. The daycare failed to arrange the classroom to allow the employee to supervise all children at all times. Therefore, because the daycare was in violation of the above code, and such violation results in the minor’s severe injury, they were negligent per se.

In the case mentioned above, Attorney Brian White and Associates was able to obtain $113,224.18 for the minor. That is one of the many cases against a daycare that we have successfully handled. At Attorney Brian White and Associates, these cases are one of our specialties. It is important to hire the right lawyer who knows how to gather important evidence before it disappears, explain to you your rights, and get you what you deserve.

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