In Houston, daycare services are very popular among parents who need their children to be taken care of while working or when they are not able to provide proper care. The money the parents pay is substantial so they expect the care providers to keep the children safe from harm.
In spite of it, there are numerous cases when children suffer injuries due to negligence and in such a case the medical bills could pose a substantial burden to the shoulders of the families. It is here when the daycare negligence lawyers come into play. They can work for you and get the costs of the medical bills paid by the daycare provider if your case is entitled to compensation.
The Basic Standards for Daycare Facilities
Every state in the US has its own standards for daycare, yet the rules and regulations are pretty much similar as they serve the same purpose. The role of these standards is to ensure the children can benefit from a safe daycare environment which promotes their development. Depending on the type of facility, the standards can be different in case of schools, commercial facilities or family homes. Nonetheless, there is a set of basic rules that apply in all cases.
A negligence lawyer’s role is to help identify the standards and verify if they apply on any particular situation, regarding the age of the child and other individual aspects.
The basic matters covered by the basic standards are:
- Sanitation regulations
- Fire safety standards
- Background checks for employees
- Safety requirements
- Transportation
- Training standards
- Nutrition standards
- Child/staff ratio
Daycare service providers are required to comply with the aforementioned standards which are enforced by the government.
Childcare Negligence in Houston
In Houston, when a child suffers harm due to the failure of the daycare provider in offering reasonable care, the provider might be held liable for care negligence which translates into serious legal implications even if they did not violate the legal requirements. The most important detail in cases of this type is whether the provider complied with the basic standards or not.
The role of the daycare attorney is to provide evidence and to demonstrate that the type of care that was offered did not comply with the standards. An attorney must also demonstrate that the lack of compliance led to a lower level of care, which in turn led to child’s injury.
An example here could be a daycare provider who would use a changing table to change baby’s diapers. In case the provider would change the diapers on a table that is not provided with safety railings, it means that the type of service that was offered did not comply with the standards which led to baby injuries due to falling off the table. This is a case of negligence and the lawyer has to prove that this caused harm to the baby, justifying compensation for the family.
Compensation for Daycare Negligence
When a provider’s negligence case is built, the attorney will consider all the options available to the extent of the law so the family can get compensation for their suffering and grief on their child’s behalf. Negligence compensation can be granted to a parent or guardian for several reasons such as economic reasons (medical bills, lost salaries due to home care for the injured child) or emotional distress.
In addition to past and present expenses, compensation also refers to future needs such as the anticipated costs involved by additional medical expenses involved by the long-term care of the child who suffered the injury.
Consult an Experienced Houston Daycare Negligence Lawyer
Establishing liability for the defendant in a negligence case requires compelling evidence. An attorney will start collecting these pieces of evidence and build the case. Evidence will be used at trial as well as during the settlement negotiations.
According to the law, the period to file a negligence lawsuit is four years. However, in order to preserve evidence of liability, it is recommended to take action much earlier. Unless you manage to settle the case directly with the daycare provider, consulting an experienced daycare negligence lawyer in Houston is the best option for you to get compensation.
