My Child Was Injured at a Daycare Center That Is Now Closed. Can I Still Sue?

What Injuries Can You Sue a Closed Daycare For?

Injuries at daycare centers can range from mild to severe, and they may have long-lasting impacts, especially for young toddlers. Little ones suffer the consequences when a daycare center does not follow Texas daycare laws, also known as minimum standards.

Common daycare injuries at negligent centers include:

• Allergic reactions when a child is exposed to a known allergen
• Brain injuries (TBI) caused by unsafe sleep practices, choking incidents, or a preventable fall
• Burn injuries from bottle warmers or strong cleaning chemicals
• Fall injuries when little ones are not properly strapped into a high chair or supervised on a changing table or playground equipment
• Finger injuries when heavy doors smash or crush little hands
• Drugging and improper medication incidents when facility directors do not properly supervise caregivers
• Inappropriate and unapproved punishment tactics by caregivers who are not properly trained
• Neglect incidents, including caregivers leaving a child in a daycare van or bus or failing to properly care for children when child-to-caregiver ratios are exceeded
• Physical and sexual abuse when untrained and unqualified caregivers are hired 
• Wandering incidents when little ones are not properly supervised

In Texas, you have two years from the date of your child’s daycare injury to take legal action against a center, even after a daycare center is closed. You and your child deserve the opportunity to seek justice and move forward after an incident that resulted in an injury. 

What Information Do I Need to Sue a Closed Daycare Center? 

To strengthen your family’s case against any daycare center—one that is operating or closed—our daycare and child injury lawyers must prove the center was negligent and your child’s injuries were preventable. That’s why we recommend following these steps immediately after any incident at a daycare center:

• Take your child to an emergency room, an urgent care center, or a pediatrician for medical attention and evaluation. A doctor’s exam can help determine the cause and extent of your child’s injuries. In addition, the documentation can help aid your family’s case.
• Request an incident report from the daycare center that includes which caregivers were responsible for your child, what caused your child’s injury, what events led up to your child’s injury, and what action the center took immediately following the incident.
• Report the incident to the state to ensure there is documentation and prompt an independent investigation.
• Gather information from witnesses, including caregivers at the center, your child, other workers who may have seen what happened, and other parents. By getting as many perspectives as possible, you can see the bigger picture with more clarity and details others may have missed.
• Seek out other evidence, such as footage from a surveillance camera in your child’s classroom. You also need to take pictures of any communications from the daycare center and screenshot any text messages or emails from caregivers or other parents discussing the incident.

Our experienced lawyers follow many processes to get a clear picture of your child’s incident and the general environment at the daycare center. However, any information you can obtain adds to this research. Once a daycare center has closed its doors, this information is more difficult to secure and/or verify. 

One thing to note: a shuttered daycare center may have been closed due to negligence. If the state’s licensing and safety data supports its closure due to negligence, this may help your family’s case because it contributes to the daycare center’s history of carelessness and disregard for complying with the minimum standards.

Plain and simple: You can sue the facility as long as you can prove that the incident occurred while the daycare center was in operation. 

What Damages Can I Sue a Closed Daycare Center For?

In the legal system, a daycare center is held responsible for a child’s injuries in the form of compensation, also known as damages. The help a child may need after a daycare incident could include frequent doctor visits and costly treatments, professional support and therapy for emotional trauma, and other potential future costs.

Taking legal action by filing a claim or lawsuit can help cover the costly expenses, both anticipated and unexpected. Because licensed daycare centers are required to have insurance, even a closed center can be held accountable for covering your family’s damages.

Was Your Child Injured at a Daycare Center That Has Since Closed? Contact The Button Law Firm.

If your child was physically or emotionally harmed because of negligent practices at a daycare or childcare center that is now closed, our team of experienced and compassionate daycare and child injury lawyers at The Button Law Firm can help. We’re dedicated to advocating for you and your family. We are ready to listen and fight for your family to get justice and move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Get a free case evaluation by calling us at 214-699-4409, emailing us at [email protected], or filling out a contact form.