Mom Sues Area Daycare After Child Breaks Arm On First Day

The first day of school is tough on anybody, but one Houston-area child had a really bad first day, and now his mom thinks that the daycare should be liable for his injuries. The girl suffered a broken arm on the first day at his new daycare. The daycare called his mother to inform her that her child had been injured. However, the injuries to the girl’s arm were so severe that the mother believes that he must have been physically injured by daycare staff. An attorney for the family is seeking to recover surveillance footage that shows the girl’s injury.

The same daycare was implicated in an assault on another child four years earlier. In that case, the employee was arrested and charged with felony assault on a child after surveillance footage showed the employee body slamming the child to the ground.

The daycare releases a statement 

Attorneys generally recommend that their clients say something boilerplate like, “The injured child is in our thoughts and our hearts go out to the family, but we cannot comment on pending litigation.” This is largely because the attorney does not want the client either tipping their hand or saying something that could damage the case. Further, once you make a statement, you are locked into that statement. If you say something else down the road, it will appear as though you are changing your story. Juries don’t like that.

In this case, the daycare had plenty to say about the incident. According to the daycare, “no staff members were in the area” at the time when the girl was injured and neither were any other children. Once the girl began showing signs of distress, the mother was contacted, medical services were called for him, and the incident was reported to authorities. The daycare has denied all claims related to the allegations that their standard of care resulted in the child’s injury.

However, this is one of the reasons why lawyers don’t want clients making claims. In this case, the plaintiffs can use that statement to argue that the child was unattended when he was injured. The lack of attention paid to the child resulted in his injury. Since the daycare has a duty of care to ensure the safety of their children, and this includes supervising them when they are playing, the fact that no one was around the child when he was injured is a clear indication of staff negligence. Hence why lawyers don’t want clients making comments concerning their cases. While the staff may have not physically injured the girl as happened in the previous incident with this daycare, their negligence contributed to the child’s injuries. So without deposing one staff member, the plaintiffs now have a legal basis to file their claim thanks to the statement issued by the daycare.

Talk to a Houston Personal Injury Attorney Today 

If your child is injured at daycare, you may be able to file a lawsuit to recover damages related to their medical expenses, pain and suffering, and more. Call the Houston personal injury attorneys at Livingston & Flowers today to schedule a free consultation and discuss your injuries in more detail.

Sources:

abc13.com/texas-mom-sues-daycare-montgomery-county-woman-claims-child-was-injured-in-care-files-lawsuit-against-day-childrens-lighthouse-spring-harmony/10560831/