Why Are Witnesses and Evidence Important in a Lawsuit Against a Daycare or Childcare Center?

In this article, our experienced Texas daycare and childcare injury lawyers at The Button Law Firm provide parents with a deep dive into the various aspects of taking legal action against a local center after a child has been hurt while in daycare or childcare. Gathering evidence, which includes speaking to or hearing from witnesses, is part of the process of building a strong legal case. 

If your child suffers a daycare or childcare injury, our knowledgeable legal team will conduct our own investigation into how your child was hurt. Our investigation will establish behavior patterns, such as common caregiver negligence and misconduct. Establishing patterns relies on gathering witness accounts from other caregivers or parents and discovering evidence from any surveillance cameras at the facility or pictures taken by parents.

Who Can Be a Witness in a Daycare or Childcare Lawsuit?

While our daycare and childcare injury lawyers recommend that parents find a daycare center with surveillance cameras, cameras are not mandated by the state’s minimum standards, and we recognize that is not an option in all communities. So, in the aftermath of a child’s daycare injury, we rely on witnesses and their accounts of events leading up to and following an incident at the center to fill in the blanks about what exactly happened.

Caregivers at a daycare center, such as classroom aides or teaching assistants, and other facility workers are our most common go-to witnesses. They can give insight into the daily happenings and experiences at the facility. These people are also familiar with other facility workers’ temperaments and common practices that may not be included in or go against the facilities’ written policies.

On multiple occasions, our experienced legal team has even had other parents with children at the center come forward as voluntary witnesses by messaging our firm on social media channels or contacting the parents of the injured child directly. These helpful parents can provide their accounts of any abusive or negligent behavior they witnessed from a specific caregiver or other workers at the center, and they can also share similar experiences or injuries at the daycare or childcare center.

Even before you seek out a daycare or childcare injury lawyer or decide to pursue legal action after your child’s injury, we recommend that you speak to caregivers and other parents as soon as possible while memories of the incident are still fresh. Also, record the accounts with your phone’s voice memo app or by screenshotting any text messages or messages or comments on social media that offer memories of the incident.

Medical professionals such as doctors or nurse practitioners who treated your child after the daycare or childcare incident can also serve as witnesses in a daycare or childcare lawsuit. They can share their expert diagnosis on the type of injury that your child suffered and what may have caused it. This is especially important if physical or sexual abuse at the daycare or childcare center is suspected.

What Types of Evidence Are Best to Have in a Daycare or Childcare Lawsuit?

Aside from witness accounts, our Texas daycare and childcare injury lawyers rely on four types of evidence to build a strong case against a facility.

1. Documentation: In Texas, daycare centers are required by law to notify parents about incidents and injuries at their facilities. Getting a detailed incident report as soon as possible is important. Also, keep detailed notes, including screenshots of any text messages or emails from the daycare or childcare center discussing the incident.
2. Image-based Evidence Such as Photos and Video Surveillance: Requesting and preserving surveillance footage immediately after a daycare or childcare incident is essential, as some facilities may record over the footage after a certain period of time or delete the video altogether in an attempt to cover up the daycare incident. It is also important to take pictures of your child’s injuries sustained at the center, including cuts, bruises, burns, smashed fingers, and broken bones. If the daycare incident involved the daycare center’s premises, such as unmaintained playground equipment or fencing, take pictures to document the hazardous conditions. In daycare wandering incidents (for instance, when a child can leave a facility unnoticed), it can be helpful to seek out surveillance footage from nearby businesses or establishments where the child was seen or found.
3. Medical Records: Much like speaking to a doctor for a witness statement, medical records from your child’s exam immediately following the daycare incident can be telling. Medical records can capture a child’s hidden injuries, including internal organ damage and the severity of physical injuries that may not be apparent at first glance.
4. Physical Evidence: Other evidence, such as blood stains, burn marks, or gashes on a child’s outfit, can be helpful in a lawsuit against the daycare or childcare center.

Answering More Parent Questions: Frequently Asked Questions About Daycare and Childcare Lawsuits

Our Texas daycare and childcare injury lawyers have created more free resources to address some of the frequently asked questions from parents who are considering taking legal action against a local center:

• Download Our Free Guide: 5 Steps Parents Should Take After a Daycare Injury
• Article: What Are My Rights as a Parent If My Child Was Hurt at a Daycare or Childcare Center in Texas?
• Article: Should I Wait Until the State Investigation Is Over to Pursue a Claim Against a Daycare or Childcare Center?
• Video: How To Know If You Have a Legal Case Against a Daycare or Childcare Center
• Video: What Is a Breach of Duty at a Daycare or Childcare Center?

How Can The Button Law Firm Help After Your Child’s Injury at a Daycare or Childcare Center?

If your child was harmed at a daycare or childcare center anywhere in Texas, our team of experienced and compassionate daycare and childcare 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.