Can I Sue a Daycare in Plano If My Child Was Hurt by Another Child?

If your child was injured by another child at a daycare in Plano, Texas, you may be wondering about your legal options. While interactions between children are common, a daycare’s failure to prevent harm through proper supervision or safety measures could constitute negligence. Bivona Law is here to help parents in Plano navigate these complex cases, offering expert guidance to determine if a lawsuit is viable and to pursue fair compensation. 

Legal Grounds for Suing a Daycare in Plano 

To sue a daycare for an injury caused by another child, you must establish negligence. In Texas, this means proving the daycare had a duty to protect your child, breached that duty, and caused harm as a result. Additional legal grounds to consider include: 

• Failure to Intervene: If staff witnessed aggressive behavior but did not step in to stop it, the daycare may be liable for inaction. 

• Inadequate Background Checks: If the daycare failed to screen staff or lacked policies to identify children with repeated aggressive tendencies, this could support a claim. 

• Violation of Texas Standards: The Texas Department of Family and Protective Services (DFPS) sets rules for daycare operations, including supervision and discipline policies. Non-compliance strengthens your case. 

• Negligent Hiring: Employing unqualified or inexperienced staff who cannot manage child interactions effectively may indicate broader negligence. 

Bivona Law investigates these factors, consulting experts and reviewing regulations to build a strong case for your family. 

Building Evidence for Your Case 

A successful lawsuit requires solid evidence to prove the daycare’s negligence. Key pieces to gather include: 

• Medical Records: Get detailed documentation from doctors and hospitals showing the extent and cause of your child’s injuries. 

• Witness Statements: Include any eyewitness statements from parents, staff, or children who saw the incident. 

• Daycare Policies: The daycare's written policies on supervision, discipline, and safety will reveal potential weaknesses or violations in its operations. 

• Surveillance Footage: If the daycare has captured video surveillance, this can help accurately show what took place, what the staff did and said, and any potential surrounding factors.  

• Communication Records: Save emails, texts, or notes from the daycare about the incident to highlight inconsistencies or admissions. 

Our team at Bivona Law helps you collect and organize this evidence to support your lawsuit and demonstrate the daycare’s responsibility. 

Challenges in Child-on-Child Injury Cases 

Suing a daycare for injuries caused by another child can face unique hurdles, such as: 

• Proving Negligence: It can be difficult to show the daycare’s actions (or lack thereof) directly led to the injury, especially if the incident happened quickly. 

• Liability Waivers: Some daycares require waivers, but in Texas, these often do not shield facilities from negligence claims, particularly for serious harm. 

• Child Behavior Defense: The daycare may argue the injury was an unpredictable result of normal child behavior, not their fault. 

• Insurance Resistance: The insurance provider for the daycare facility may object to your claim and push for low settlements or even deny claims completely to reduce its number of payments.  

Bivona Law addresses these challenges by conducting thorough investigations, securing expert testimony, and negotiating effectively for your rights. 

Possible Outcomes and Next Steps 

If your case is successful, you may receive compensation for lost income from caring for your child, medical expenses, pain and suffering, and therapy fees. The results can vary based on the evidence presented and the severity of the injury. The following actions are included: 

• Consultation: Meet with Bivona Law to review the incident and assess your case during a free, no-obligation session. 

• Investigation: We dig into the daycare’s practices, staff training, and compliance with Texas laws. 

• Settlement or Trial: We negotiate for a fair settlement, but if needed, we’ll represent you in court to fight for justice. 

Texas law allows two years from the injury date for parents to file claims for their damages and up to two years after the child turns 18 for the child’s damages. Act quickly to preserve evidence. 

Trust Bivona Law for Your Case 

When a child is injured at daycare by another child, Bivona Law is dedicated to helping Plano families. Our skilled lawyers provide individualized advice, unwavering advocacy, and clarity to complicated cases. With a contingency fee structure, you pay nothing unless we win. Serving Plano and Texas communities, we’re here to ease your burden and seek justice. Call us at (713) 360-7596 to start your free consultation today.