The Legal Liability of Day Care Child Care Providers
Today’s news carried a headline regarding a Harris County day care provider that broke the leg of a two-month-old boy on just the second day he was left in her care. Doctors that treated the child said that the injury was consistent with the application of excessive force to the child’s body. The day care provider, Susan Denise O’Dell, was arrested and charged with felony injury to a child. (Source: khou.com, 10/22/12)
Another headline today mentioned the murder charges for another Houston area day care provider. That caregiver abandoned the children in her care to go shopping and left something on a stove that caught fire and then set fire to the home. Four children died in the fire and several more were severely injured.
Another recent headline covered a reckless driver who crashed his vehicle into a day care center, collapsing the facility. Fortunately the accident occurred in the wee hours of the morning and no children were present at the time.
If you’re a parent or guardian who must leave your child in another’s care while you go to work or school, you might be deeply concerned about what could happen to your child while they are not under your supervision.
The Legal Duty of a Day Care Provider in Caring for Your Child
Childcare providers have the legal duty to act with reasonable care with regard to the children left in their care. Their position as caregivers to the children while the parents are at work creates a special relationship of dependency and reliance. When a day care worker is negligent and fails to provide reasonable care and a child is injured, the childcare provider has breached his or her legal duty of care.
A negligent day care provider in such an instance might face criminal charges. And you might be eligible to sue them in civil court for monetary compensation for your child’s injuries. A monetary settlement can never fully repay you or your child for the suffering and injuries a negligent worker’s behavior caused to your family. But if the day care provider was not properly licensed and insured, you might have difficulty obtaining any relief for your child’s injuries at all.
Check the Licensing Status and Insurance Coverage of a Day Care Facility before You Leave Your Child There
When you must leave your child in another’s care at a day care facility, you want to make sure that the day care provider is properly licensed and carries liability insurance in case your child receives an injury in their care. Depending upon the circumstances of the injury, your own insurance might not want to pay, but will look to the day care provider for payment. If the day care facility will be transporting your child in a vehicle at any time, make sure that they have proper driver’s licenses and vehicle insurance coverage for injuries.
Contact the Houston Injury Attorneys at Denena & Points if Your Child has been Injured in a Negligent or Unlicensed Day Care Facility
We believe children should not have to suffer risks of injury or harm because of careless or unlicensed, fly-by-night caregivers. One act of negligence can change a child’s future.
The concerned Houston injury attorneys at Denena & Points make it their mission to help those who children have been injured by others’ negligence. With over 14 years of experience in complex injury litigation, we have the knowledge, skill, and professional dedication you need to hold accountable those whose negligence has harmed your child.
Call us toll free at 877-307-9500 right away or fill out our “Get Help Now” online contact form to schedule your free, no obligation legal consultation. We will help you understand your eligibility for full financial compensation for your child’s harm. Let us help you get your child’s future back on track after a needless injury.