How We Prove Negligence in Leauge City Daycare Injury Cases

When a child is injured at a daycare in League City, Texas, proving negligence is essential to hold the responsible parties accountable and secure compensation for your child’s medical expenses, pain, and suffering. Negligence occurs when a daycare fails to provide a safe environment, resulting in harm to a child. At Bivona Law, we specialize in child injury cases and have the expertise to build a strong case. Below, we explain how we prove negligence in League City daycare injury cases and how our team can help your family seek justice. 

What Is Negligence in a Daycare Injury Case? 

To prove negligence in a daycare injury case, we must establish four key elements under Texas law: 

1. Duty of Care: The daycare center legally must protect your child’s safety and health while your child is in their care.  
2. Breach of Duty: The daycare failed to meet this responsibility through action or inaction, such as neglecting safety protocols or failing to supervise children adequately. 
3. Causation: The daycare’s failure directly caused your child’s injury. 
4. Damages: Your child suffered injuries, such as physical injuries, expenses associated with medical care, and emotional damages.  

By demonstrating these elements, we can hold the daycare, its staff, or other parties liable for your child’s injuries. 

Common Examples of Daycare Negligence 

Negligence in daycare settings can take many forms, including: 

• Inadequate Supervision: Not keeping children appropriately supervised, resulting in falls, fights, or other accidents.  
• Unsafe Facilities: Failing to address safety hazards within the daycare facility, such as not removing broken playground equipment, not covering exposed electrical outlets, or not cleaning wet floors that create slippery conditions.   
• Staffing Issues: Operating with inadequate staff or improperly trained staff, violating Texas childcare regulations.  
• Failure to Follow Safety Protocols: Neglecting to secure children in high chairs, ignoring food allergies, or not conducting proper background checks on employees. 
• Negligent Hiring or Training: Employing unqualified staff or failing to train them on safety procedures. 

How Bivona Law Proves Negligence 

Establishing negligence in a League City daycare accident case is something we at Bivona Law do with great care and consideration. Here's how we make a compelling case:

1. Investigating the Incident

We begin by thoroughly investigating the facts surrounding your child's injury. This means:   

• Reviewing Incident Reports: We obtain and analyze any reports filed by the daycare about the injury. 
• Interviewing Witnesses: We speak with staff, other parents, or children (if appropriate) who may have witnessed the incident. 
• Inspecting the Scene: We visit the daycare to examine the location where the injury occurred, looking for hazards like unsafe equipment or inadequate facilities. 

2. Gathering Evidence

Collecting substantial evidence is essential to demonstrate negligence. We collect:  

• Medical Records: Records of your child’s injuries, treatments, and prognosis to prove damages.   
• Photos and Videos: Photos of the injury, the accident scene, or unsafe conditions at the daycare. 
• Surveillance Footage: Many daycares have security cameras, and we work to secure footage that may show the incident or hazardous practices. 
• Daycare Records: We review staff schedules, training logs, and maintenance records to identify violations of Texas childcare regulations, such as improper staff-to-child ratios. 

3. Consulting Experts

When handling complex cases, we can utilize expert witnesses to strengthen your case. This could include:  

• Medical Experts: To discuss the severity of your child's injuries and their future medical treatment.   
• Childcare Safety Experts: To discuss how the daycare’s actions deviated from the standard of care or Texas regulations.  
• Accident Reconstruction Specialists: To reenact the event and corroborate the established negligent act that led to your child’s injuries.  

4. Demonstrating Violations of Texas Regulations

In Texas, daycare facilities are regulated by the Texas Health and Human Services Commission (HHSC), which establishes regulations for safety, staff, and operational practices. We compare the daycare's practices to those regulations to determine violations, including:   

• Failure to maintain proper staff-to-child ratios. 
• Lack of employee background checks or training. 
• Non-compliance with safety standards for playgrounds or facilities. These violations can serve as robust evidence of negligence. 

5. Negotiating with Insurance Companies

Many daycare injury claims involve the facility’s insurance provider. We use the evidence of negligence to negotiate a fair settlement that covers your child’s damages, including medical expenses, pain and suffering, and future care costs. If the insurance company refuses a reasonable settlement, we’re prepared to take the case to trial. 

6. Preparing for Trial

If a fair settlement can’t be achieved, we will prepare a strong case for court. This includes:  

• Showing documentation and expert testimony proving the daycare was negligent.  
• Addressing the severity of the injury on your child’s life, from medical expenses to emotional distress.  
• Advocating for maximum compensation to support your child’s recovery. 

Why Timing Is Critical 

Proving negligence requires prompt action to preserve evidence and meet Texas’s two-year statute of limitations for filing a personal injury lawsuit on behalf of a child. Delays can cause evidence to be lost, such as surveillance videos or witness memories, which can hurt your case. When you reach out for a lawyer early in your process, we can attempt to gather valuable evidence and help you build a strong claim.  

How Bivona Law Can Help 

At Bivona Law, we’re dedicated to being the voice for children injured in League City daycares. Our experienced child rights attorneys will: 

• Conduct a thorough investigation to uncover evidence of negligence. 
• Work with experts to strengthen your case. 
• Handle all communications with the daycare and their insurance company. 
• Fight for fair compensation, whether through settlement or trial. 
• Provide transparent, straightforward guidance with no legal jargon. 

Get Started with Your Case 

If your child was injured while at a daycare in League City, the most critical component for recovering the compensation your child deserves is establishing proof of negligence. Bivona Law would be delighted to assist you with the process professionally and compassionately. Contact our office for a free consultation, either by calling (832) 219-1621 or completing our online form. Let us work together for your child's justice.