Can I Sue a Madisonville Daycare for Negligence?

When you send your child to daycare, you are trusting others to care for them as attentively and responsibly as you would. Sadly, some daycares fail to uphold that trust, and children end up hurt as a result. If your child has been injured or suffered emotional harm while in the care of a daycare provider, you may be wondering, can I sue a Madisonville daycare for negligence? 

The answer is yes, but only under certain circumstances. At Bivona Law, we focus exclusively on child injury and daycare negligence cases in Texas. Our founder, Drew Bivona, is deeply committed to standing up for children when others fail to protect them. If you believe something isn’t right, we urge you to trust your instincts and reach out to us right away. We can help you determine if you have a case and guide you through every step of the legal process. 

 

What Is Daycare Negligence? 

Daycare negligence occurs when a childcare provider fails to meet the legal duty of care owed to the children under their supervision, resulting in harm. These facilities are expected to provide a safe and secure environment, with trained staff, proper supervision, and adherence to state safety regulations. 

When they fail in these duties, and that failure leads to an injury, they can be held legally responsible. 

 

Common examples of daycare negligence include: 

  • Lack of supervision 
  • Unsafe play areas or equipment 
  • Failure to prevent child-on-child violence 
  • Staff failing to follow safety procedures 
  • Untrained or unqualified caregivers 
  • Unsanitary or hazardous conditions 
  • Improper discipline or physical abuse 
  • Failure to provide medical attention when needed 

Negligence is not always obvious. Sometimes, it’s subtle or covered up. But if your child was hurt and you suspect something more than just an accident occurred, it’s time to ask questions and take action. 

 

How to Tell If Your Child Is a Victim of Daycare Negligence 

Children may not always be able to communicate what happened to them, especially if they are toddlers or non-verbal. That’s why it’s important for parents to recognize physical and behavioral warning signs that could indicate something is wrong. Here are some signs your child may be experiencing neglect or abuse at daycare: 

  • Frequent or unexplained bruises, cuts, or burns 
  • Injuries that don’t match the explanations given 
  • Sudden behavioral changes (aggression, fear, withdrawal) 
  • Regression in developmental milestones (bedwetting, thumb sucking) 
  • Increased anxiety or fear around daycare drop-off 
  • Signs of malnutrition, dehydration, or poor hygiene 
  • Your child says things that suggest mistreatment or fear of a specific staff member 

If you notice any of these signs, be sure to document everything, get medical attention if needed, and contact our Madisonville daycare injury attorneys at Bivona Law as soon as possible. 

 

How Does a Daycare Negligence Lawsuit Work? 

To file a lawsuit for daycare negligence, you must be able to prove that the daycare had a legal duty of care, that this duty was breached, and that the breach directly caused your child’s injury. This is the foundation of any personal injury case, and it applies to children just as it does to adults, with one key difference: children cannot file lawsuits on their own. A parent or legal guardian must do it on their behalf. 

Here’s how the legal process typically works: 

  1. Consultation with Bivona Law: We’ll review the details of your situation and determine if you may have a valid case. 
  2. Investigation: We gather evidence, including medical records, incident reports, witness statements, and daycare policies. 
  3. Filing the Claim: If grounds for negligence exist, we file a claim against the responsible parties. 
  4. Negotiation or Litigation: We attempt to resolve the case through a settlement, but we are fully prepared to take the case to trial if necessary. 
  5. Compensation: If successful, your family may receive financial compensation for your child’s injuries and suffering. 

You don’t need to have all the answers before reaching out. That’s why we’re here. At Bivona Law, we offer free consultations to help you understand your options. The sooner you act, the stronger your case may be. 

 

Who Can Be Held Liable in a Daycare Negligence Case? 

Many people think only the individual caregiver who was supervising the child is responsible. In reality, multiple parties may be held legally accountable, depending on the situation. 

Potentially liable parties may include: 

  • The daycare center itself 
  • Individual caregivers or staff members 
  • The daycare owner or operator 
  • Third-party contractors, such as maintenance or transportation providers 
  • Management companies or parent organizations that run the daycare 

Negligence may be the result of one person’s poor decision, or it could stem from a broader failure of policies, training, and oversight. Bivona Law investigates every angle to ensure that all responsible parties are held accountable. 

 

What Compensation Can You Receive for a Daycare Negligence Case? 

A daycare negligence lawsuit is not just about financial recovery; it’s about justice, closure, and ensuring your child’s needs are met after suffering an injury. 

If your claim is successful, your family may be entitled to compensation for: 

  • Medical expenses, including ER visits, surgeries, and ongoing care 
  • Physical therapy or rehabilitation costs 
  • Mental health counseling or trauma treatment 
  • Pain and suffering, both physical and emotional 
  • Loss of enjoyment of life for the child 
  • Future care needs, especially in cases involving permanent injury or disability 

At Bivona Law, we don’t just look at the short-term impact. We work with medical and child development experts to understand the long-term consequences of the injury, ensuring your child receives everything they may need now and in the future. 

 

Why Reaching Out to Bivona Law Early Is Critical 

When it comes to daycare negligence, time matters. Waiting too long can result in lost evidence, uncooperative witnesses, or missed legal deadlines. The sooner you contact our firm, the faster we can begin preserving critical details and building a strong case. 

Bivona Law is not a general personal injury firm. We focus exclusively on child injury and daycare negligence cases, and that makes a difference. We understand the unique emotional and legal challenges involved in these cases and know how to approach them with both strength and compassion. 

Having Drew Bivona and his team by your side means you are not alone. We will handle the legal complexities while you focus on your child’s recovery and well-being. We will listen, believe you, and fight for the justice your child deserves. 

 

Contact Bivona Law Today for a Free Consultation 

If you believe your child has been injured due to daycare negligence in Madisonville, don’t wait. Reach out to Bivona Law today. We are here to answer your questions, evaluate your case, and guide you through every step of the legal process. 

We offer free, confidential consultations, and you pay nothing unless we win your case. Let us help you protect your child, hold the negligent parties accountable, and ensure that what happened never happens again, to your child or to anyone else. 

Call Bivona Law today to speak with our Madisonville daycare injury attorney, who will fight for your family every step of the way. 


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