Dallas Daycare Abuse Lawyer

Has a daycare staff member neglected or abused your child? If so, call Rasansky Law Firm as soon as possible to protect your child’s rights.

Child abuse is a horrible reality in our society, and sadly daycare centers are not immune to these heinous acts. Abuse in daycare centers usually involves some form of neglect; for example, the childcare staff leaving infants and children in unsafe environments, failing to properly monitor them, failing to provide adequate supervision, or simply not providing basic needs such as food, water, or emergency medical care.

All of these forms of negligence can have life-altering repercussions for the child affected and their families. This situation must be taken very seriously by parents and authorities. No child should ever experience such vile mistreatment. In the unfortunate case that they do, seek legal help immediately.

Defining Daycare Abuse

Daycare abuse is defined as any mistreatment or neglect that occurs at a daycare center. Child abuse includes physical, sexual, or emotional harm inflicted upon a child.

Emotional abuse of children is a serious issue that won’t necessarily be easy to detect. There are no visible physical marks or wounds in many cases, but emotional abuse can have long-lasting effects. It’s important to know what to look out for, especially if you suspect that your child may have been subjected to abuse at their daycare.

The signs of emotional abuse may present differently from child to child based on age, development, environment, personality, etc. For example, an infant who receives no attention may act out or become quick-tempered. However, an older child might become scared and withdrawn due to feeling unsafe in their environment. In either situation, it is critical to step in and seek help if necessary. If you suspect daycare abuse, talking with a medical provider experienced in treating victims of emotional child abuse is a good starting point and can provide initial guidance.

5 Signs of Emotional Abuse

The following are five common signs of emotional abuse in children:

1. The child does not participate in group activities and avoids eye contact with other children and adults.
2. The child is overly anxious and worries excessively about making mistakes.
3. The child frequently makes negative comments about themselves and expresses feelings of worthlessness.
4. The child expresses fear when interacting with adults or other children.
5. The child displays aggressive behavior, such as hitting, biting, or yelling at other children.

Daycare Negligence and Abuse Statistics

Daycare abuse is a heartbreaking issue facing Texas daycare facilities. Unfortunately, daycare abuse in Dallas and the entire state of Texas is far too common. The following statistics from the Texas Health and Human Services Commission and an Austin American-Statesmen investigative report offer a glimpse into the shocking realities of child abuse in daycare facilities.

• This 2023 annual report confirms that 848 serious injuries took place in 2022. Three of these injuries were either near-fatal or fatal and occurred at licensed childcare centers.
• Between 2007 and 2017, 88 children died due to abuse in Texas daycare facilities, according to the Austin American-Statesman 2018 report.
• That same investigation also revealed that over 450 children suffered sexual abuse in a Texas daycare during that same decade.

Daycare abuse continues in Dallas and across Texas, leaving children suffering from physical, emotional, and psychological trauma. If you or someone you know has faced daycare abuse, please consider talking to a Dallas daycare abuse lawyer who can assist with navigating the legalities involved with bringing the abusers to justice. At Rasansky Law Firm, we offer a free consultation to help determine the ways in which we can help.

Common Causes of Daycare Injuries in Dallas, Texas

Every parent hopes their child is safe and securely cared for while they are away. Sadly, daycare injuries across Texas, specifically in Dallas, are common. Physical abuse or neglect can lead to injuries in children left unsupervised by daycare workers. These injuries include bruises, cuts, scrapes, burns, and more. Some serious injuries result in immense grief, suffering, and financial loss.

Here's a list of the leading causes of daycare injuries:

Poor Hiring Practices: Some daycare facilities fail to do thorough background checks on new hires. This aspect of the staffing process can sometimes lead daycare centers to unknowingly hire someone with a criminal record who may commit crimes against your child or other children.

Inadequate Staff Training: Daycares must adhere to rigorous safety standards set forth by the Texas Health and Human Services Child Care Regulation Department. Employees who lack proper training on all safety protocols before working in childcare facilities put children at risk for injury or harm.

Overcrowding: When too few daycare workers are present for the number of children in the facility, it is the children who suffer the most. Poor supervision can lead to a greater risk of injury or accidents due to inadequate monitoring of potentially dangerous activities, such as climbing or play fighting.

Lack of supervision: Physical injuries sometimes occur when staff members fail to properly supervise children, leaving them exposed to potential harm.

Unsafe Playground Equipment: Many daycares lack appropriate safety measures for their play areas. Without proper safety measures, accidents or falls may occur that could cause serious injury to children. For instance, the playground area may not have a sufficient cushioned surface that extends beyond the parameters of the equipment, such as safety-tested rubber mats.

Unsafe Toys: Toys made with sharp edges can easily cut a child's skin, while toys with small parts pose a choking hazard for young children if swallowed. Other hazardous toy features include detachable parts, sharp points, or projectiles.

Poor Facility Maintenance: Daycares need to maintain their facilities to provide a safe environment for children. Poor building maintenance can lead to physical injuries due to unsafe conditions such as slippery floors, exposed wires or outlets, hazardous materials left out within reach of children, etc., any of which could put a child at risk for serious injury.

As all parents know, the safety of their children is paramount, and knowing possible risks ahead of time allows for measures to be taken to keep children safe and out of harm's way.

Examples of Negligence at Daycare Facilities

Negligence is when a person or entity fails to act with the level of care that a reasonable person would have used in a similar situation and, as a result, causes injury or harm to another person.

Negligence occurs when daycare facilities fail to:

• Supervise children properly
• Provide a safe and secure environment
• Provide adequate nutrition and hydration
• Provide proper hygiene and health care
• Follow safety regulations
• Meet staffing requirements
• Provide age-appropriate activities
• Respond to signs of distress or illness
• Report and document incidents of child abuse or neglect
• Address bullying or harassment among children

Has a teacher or other caregiver at your child's daycare neglected or abused them?

Call (214) 651-6100 to speak with our Dallas attorneys about your case, and we’ll explain the options available to you.

The horrific reality of child abuse and neglect in daycare can be almost unbearable for parents. Our Dallas daycare abuse attorneys are acutely aware of how challenging it may be to even determine whether your child has been abused. Children who have been hurt don't always want to discuss what happened or are too young to do so.

We understand that, as a parent, you wish you didn’t have a need to contact a daycare abuse law firm. But please be aware that as each day goes by, it might get more challenging to pursue your potential claim. The sooner you reach out, the better the outcome will be for your child and family.

We strongly recommend that you call us today and discuss the facts of your case so that we may advise you on your potential legal options. The call is free, the consultation is free, and if we feel that we can help you with your case, we do so for no up-front cost. In other words, if we do not successfully recover money in your case, you literally pay us nothing.

Do you think your child has been mistreated or abused?

The experienced Dallas daycare abuse lawyers at Rasansky Law Firm believe that every child deserves the protection and nurturing of caring adults. We offer families of children injured by abusive or careless childcare providers prompt and vigorous legal assistance.

Do you know the signs of daycare abuse or neglect?

Daycare staff and other childcare providers including nannies, babysitters, family members, or teachers are unfortunately capable of abusing children physically, emotionally or sexually. Watch out for these indications if you are concerned that your child may have been wounded, hurt, abused, or neglected by their daycare provider:

• Significant mood swings or alterations in behavior
• Behavior regression such as thumb sucking, separation anxiety, clutching, rocking, head pounding, or biting
• Refusing to talk or reverting to baby babble
• Unexpected sleep issues, such as bedwetting, nightmares, etc
• An unusual or sudden fascination with sexual topics or sexually explicit activity
• Sudden problems with rebellious or violent behavior
• Concern or nervousness about visiting the daycare facility
• Fear of particular situations, individuals, or activities

What should you do if you believe a child has been neglected or abused?

It is time to take action if you suspect that your child may be a victim of abuse at their daycare. If you suspect abuse, don't be afraid to speak up and get in touch with a Dallas daycare abuse attorney. It is best to deal with the situation now than than wait any longer.

If you think a child is being abused at a daycare, follow these steps:

• Speak with your child's doctor about your worries. Family physicians and pediatricians are educated to recognize signs of abuse, as well as associated symptoms, so they can assist you in analyzing your situation and getting your child the immediate care they need.
• Ask other parents at your daycare or childcare facility whether they have observed anything similar in an open and honest manner.
• You can get in touch with your state's child abuse group or the local police department, as well as the Childhelp National Child Abuse Hotline at 1-800-422-4453.

Our daycare abuse attorneys have defended families who have endured many forms of horrifying abuse and neglect. Here are some examples of actual cases that have happened with regard to daycare abuse:

• Broken bones brought on by mistreatment in daycare
• Children left unattended in buses and vans for long periods of time
• Near drowning cases because teachers and aides were not paying attention
• A child being tortured by thumbtacks
• Death and near-death experiences are caused when an unattended child swallows foreign objects

If you are wondering whether you will be able to prove your claim in a court of law, the best way to find out is to reach out to us. We can help go over the different elements required to make a successful claim.

What Are the Five Elements to Prove a Negligence Claim?

Under Texas law, a daycare facility owes a duty of care to its customers, including the children and parents who rely on the daycare. If the daycare breaches this duty of care and causes an injury, the daycare may be liable for damages.  Here is the breakdown of everything we need to be able to prove to win a case:

1. Duty of Care: The daycare had a legal obligation to provide a safe environment and care for the child. The rules and regulations that govern daycares in Texas require daycare centers to train staff and monitor children to prevent abuse.
2. Breach of Duty: The daycare failed to fulfill its legal obligation to protect the child. You must prove that they breached this obligation. An example of this would be if the daycare didn't conduct background checks on employees and then an employee with a criminal background injured or neglected a child.
3. Injury: The child suffered physical or emotional harm due to the daycare's failure to meet their legal obligation. You must be able to prove the child was injured in some way. For example, a daycare employee physically abused the child.
4. Causation: The daycare's breach of duty is the cause of the child's injury. You must be able to prove that one caused the other. For example, had the daycare conducted background checks and implemented policies to prevent abuse, the child would not have suffered an injury.
5. Damages: This is the amount of money awarded to a plaintiff in a civil lawsuit as compensation for losses incurred due to the negligent actions of another party. You must be able to show proof of what damages were sustained by the injured party. That can include medical and therapy bills, etc.

Consequences for Perpetrators of Daycare Abuse

Every parent who sends their children off to daycare puts a tremendous amount of faith in the daycare workers entrusted with their kids' care and safety. Sometimes that trust is violated due to physical, sexual, verbal, or emotional abuse. Daycare abuse is a violation of both civil law and criminal law. Rest assured, there are legal and criminal consequences for perpetrators who commit these offenses.

The legal consequences: In a civil case, the plaintiff typically seeks financial damages from the perpetrator (aka the defendant). These damages could include medical bills related to the abuse and compensation for pain and suffering. In some cases, the plaintiffs can seek punitive damages if there is proof that the perpetrator acted recklessly or intended to cause harm.

The criminal consequences: Daycare abuse may also be considered a criminal offense. Depending on the severity of the offense, perpetrators could face anything from misdemeanor charges to felony charges. If convicted of a felony charge, perpetrators would likely face prison time and hefty fines in addition to any other penalties imposed by the court system.

No child should ever suffer such an injustice—and justice will only come through proper legal action taken by parents willing to fight for their kids' rights and safety. If you suspect your child is a victim of daycare abuse in Dallas or elsewhere in Texas, contact a Dallas daycare abuse lawyer to help protect your rights under civil and criminal laws.

Damages You Might Be Able to Claim in a Daycare Abuse Lawsuit

You may feel overwhelmed if your son or daughter has been subjected to daycare abuse. Seeking legal guidance from a Dallas daycare abuse lawyer can help provide answers and peace of mind. To exercise your right to pursue legal action, it helps to know the types of damages you may be entitled to claim.

Economic Damages

Economic damages refer to the calculable monetary losses suffered due to a negligent party's actions. For example, you could seek compensation for medical bills, therapy costs, and any lost wages associated with caring for your child.

Non-economic Damages

Non-economic damages refer to the emotional pain and suffering that children who experience daycare abuse endure. These damages are often more difficult to quantify since they are subjective. Examples include pain and suffering, severe emotional distress, and loss of enjoyment of life. A qualified Dallas daycare abuse lawyer can help you build a strong case to pursue appropriate compensation.

Punitive Damages

In some cases, it may be possible to seek punitive damages in addition to economic and non-economic damages. A court imposes punitive damages when the defendant's behavior is so reckless or even heinous that additional penalties are deemed necessary. Punitive damages punish the defendant for their egregious conduct and act as a deterrent for similar behavior.

Daycare abuse can be an emotionally traumatic experience for both children and parents alike. If you believe your child has been abused at daycare, it is crucial to seek legal representation from a Dallas daycare abuse lawyer. Don't wait. Contact the Rasansky Law Firm for your free consultation today.

Wrongful Death in Daycare Abuse and Negligence Cases

As a parent, your priority is making sure your child is safe. You carefully research your options and expect a professionally-run daycare will take all necessary precautions to protect your child from harm. Nevertheless, accidents can and do happen in daycare centers. When these incidents involve negligence or abuse, the results can be devastating, ranging from personal injury to every parent’s worst nightmare, the wrongful death of their child.

What Is Wrongful Death?

Wrongful death occurs when someone dies due to another person's reckless or intentional actions or failures. In daycare abuse and neglect cases involving wrongful death, it often means that a staff member acted negligently in some way and that negligence resulted in the death of a child. Examples of causes of wrongful death in daycare centers include failing to provide proper supervision, failing to identify safety hazards, failing to adhere to safety protocols, or even physical abuse resulting in death.

Daycare Abuse and Negligence Cases

The most common type of wrongful death claim in daycare abuse and negligence cases involves neglectful supervision. If a daycare center fails to properly monitor children under its care and that failure results in a child's death, then the daycare center may be liable for damages related to that death. Other claims involve intentional acts of violence (such as physical or sexual abuse) against children at the daycare center that lead to their deaths.

A wrongful death can have devastating consequences for the child's family. The pain and grief that come with the loss of a child can be unbearable, and the suffering compounds when you know the death was preventable.

Wrongful death claims require clear evidence that proves beyond reasonable doubt that the act was intentional or reckless and resulted in death.

If you need assistance filing a lawsuit against a daycare facility, don't hesitate to contact Rasansky Law Firm today. Our Dallas daycare abuse lawyers can support your family through this process to receive justice.

How Long Do I Have to Make a Claim?

Visiting a child abuse lawyer in Texas or hiring the services of a Dallas daycare abuse lawyer is often the first step to seeking justice if a child suffers abuse at a daycare center in Texas. Children in these violent situations can receive emotional and financial compensation,  but filing a claim as soon as possible is extremely important.

There are time limits for filing child abuse claims, and any delay could negatively impact your child's ability to recover full compensation for their experience. The law states that those who have experienced daycare abuse (and their guardians) have two years from the time of injury (or discovery of injury) to file a child abuse claim in Texas.

If you believe there have been child abuse violations at a Dallas daycare center, Rasansky Law Firm can help. We offer a free consultation and will aggressively fight to ensure your child is fully compensated and that their rights are protected. Don't hesitate. Contact the Dallas daycare abuse attorney at Rasansky Law Firm right away so we can review the details of your case.

The Law in Texas Regarding Daycare Abuse Cases

Under Texas law, victims of daycare abuse may seek civil damages against those responsible for the wrongdoing. The responsible parties include daycare centers, employees, owners, or any other individuals found to have caused harm or injury to a minor. In addition to financial compensation for medical bills and other related costs associated with the abuse, plaintiffs may also recover damages for pain and suffering, emotional distress, or lost wages due to taking time off work to care for the child.

What To Look For In A Daycare Abuse Lawyer

Finding an attorney specializing in daycare abuse cases is the best thing you can do. A daycare injury attorney understands the legal landscape surrounding these situations and knows how to handle this type of case.

Additionally, look for an attorney who cares about your child's emotional needs during this difficult time. You need someone who will handle your case with respect and sensitivity while aggressively pursuing justice on behalf of your family.

What Can I Expect From My Daycare Injury Lawyer?

A Dallas daycare abuse lawyer will guide you through each step of the process. Your attorney can help you navigate the complex legal system and gather the evidence needed to prove that negligence or intentional harm occurred at the daycare facility.

Additionally, they can fight aggressively against any attempts by the facility or its lawyers to downplay the severity of the abuse or deny that it ever happened.

Your lawyer should also be prepared to represent you in court if necessary. If criminal charges are filed against those responsible, having a daycare injury lawyer by your side can help ensure your rights throughout any criminal proceedings.

Look for a lawyer who takes a holistic approach when representing you. In other words, the attorney will focus on legal matters and coordinate support services like counseling or therapy for yourself and your child.

The right lawyer will be available throughout the legal process and beyond. This legal representation means providing guidance even after reaching a settlement or a court verdict, so you can move forward from this traumatic experience with peace of mind knowing your attorney truly cared and did everything according to the law.

A Daycare Injury Lawyer Can Help You Receive Compensation

A good Dallas daycare lawyer will help you receive compensation for medical expenses related to your child's abuse and other damages, such as pain and suffering or emotional distress caused by the incident(s).

No child should ever have to endure physical or emotional abuse at any level—especially in their place of learning and care at a daycare center. Please don't hesitate to seek legal help if your child suffered harm. With a Dallas daycare abuse lawyer on your side, there is hope for receiving justice.

Stand Up Against Daycare Neglect and Abuse

If you are ready to hold your daycare or childcare provider responsible for the abuse or neglect they inflicted on your child, then it is time to contact our daycare abuse legal team. Our Texas daycare abuse lawyers have a tremendous amount of experience handling a wide variety of daycare abuse and neglect cases, and no matter how your life has been turned upside-down, we can help you through this difficult time.

Get your copy of attorney Jeff Rasansky’s book, “Preventing, Discovering & Acting on Claims of Daycare and Childcare Abuse,” absolutely FREE. Inside this free book, Dallas injury attorney Jeff Rasansky provides valuable information regarding childcare issues, including the following:

• Choosing the best care option for your children
• Determining whether your children have been abused or neglected – or whether their injury was a result of an accident
• Preventing daycare abuse and neglect
• What to do if you suspect daycare abuse or neglect
• An in-depth review of actual case files and lessons learned
• When you need to hire a lawyer

Click here to order your FREE BOOK today!

“My family and I recently had the pleasure of working with both Jeff Rasansky and Justin King and I really can’t say enough good things about the both of them. They are incredibly responsive, knowledgeable, and very kind. I never felt out of the loop, I always knew exactly where we stood and what the next step was. I would 100% recommend them to anyone needing an attorney. We also spent bit of time with Jeff and Justin on a couple of occasions and they are both very personable and always made us feel comfortable and welcome. I’m truly impressed with the firm as a whole.”

– Caitlin G. ★★★★★

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