Dallas Day Care Child Abuse Attorney

Advice on What To Do in the Event of Dallas Daycare Abuse, from Our Dallas Attorneys

Child abuse is a delicate issue that can cause immense amounts of pain, both to the child and the child’s family. In the aftermath of even suspecting that a child may have suffered abuse in some way, a family is often rightfully incensed that such a devastating incident could occur to a child in their family.

When child abuse or child neglect occurs while a child is in the care of a trusted daycare worker, foster parent, or institutional caregiver, the outrage can be unbearable. If your child has suffered physical abuse, emotional abuse, or sexual abuse at a daycare facility in Dallas or elsewhere in Texas, Dallas daycare abuse attorney Michael Grossman and his team can help you seek justice against those responsible for bringing harm to your child.

General U.S. Child Abuse Statistics

Prevent Child Abuse Texas, a non-profit organization, compiled the following statistics:

• 3,844,000 children were reported as possible child abuse victims in 2001.
  • Neglect accounted for 54%.
  • Physical abuse accounted for 19%
  • Sexual abuse accounted for 10%
  • Emotional maltreatment accounted for 3%
  • Other maltreatment accounted for 14%
• Daily, 4 children die due to child abuse.
• Daily, 13,700 children suffer abuse or neglect.
• As of 2003, Texas Child Protective Services conducted 131,150 child abuse or child neglect investigations. There were 50,208 confirmed victims.
• Child fatalities due to child abuse or neglect took the lives of 184 children in 2003.

These statistics are sobering, and speak to the need of every responsible adult to report suspected child abuse where appropriate so that those who can’t defend themselves can have a hope for a better tomorrow.

While daycare abuse incidents make for attention-grabbing headlines, reports regarding day care abuse, foster parent abuse, or institutional abuse were last shown as of 1997 to have comprised approximately only 3% of confirmed child abuse cases. That percentage has remained steady. In other words, daycare abuse incidents are often heavily covered in the news, but such coverage should not be taken as evidence of such incidents occurring with a certain regularity. However, even one incident of daycare abuse is one too many.

Signs of Child Daycare Abuse

If you have reason to believe that your child may have suffered some type of abuse while at their daycare, you may have already seen some of the following signs. More often than not, a parent can trust their instincts as to whether or not their child seems to be acting differently. However, since children can seldom verbalize their emotions or discuss issues which might implicate a adult, it can sometimes be difficult for a parent, guardian, or other adult to fully know whether or not a child has experienced abuse. The following information may assist you in determining whether or not you may have cause for concern:

Physical abuse may be apparent due to any of these signs:

• Unexplained bruising or swollen areas
• Unexplained injuries like burns, cuts, scratches, or fractures
• Crying, fighting, aggressive behavior
• Noticeable mood swings
• An abnormal desire not to go to daycare
• Withdrawal from normal activities
• Complains of pain, but unable to fully or truthfully describe how it occurred

Sexual abuse may be apparent due to any of these signs:

• Difficulty sitting or walking
• Underclothes that are torn or stained
• Bleeding or bruises in genital area
• Development of a urinary tract infection or a yeast infection
• An abnormal interest in sexual issues
• Inappropriate sexual playing
• Fearful of physical contact

Emotional abuse may be apparent due to any of these signs:

• Speech disorder
• Developmental delays
• Severe allergies, asthma, or ulcers
• Development of a habitual disorder, such as thumb-sucking, rocking back and forth, or biting
• Anti-social or aggressive behavior
• An inability to sleep
• Noticeable extremes in behavior, from passive to aggressive and back

Signs of neglect may include:

• A daycare that discourages unscheduled parent or guardian visitations
• Dirty diapers or dirty appearance
• An understaffed daycare / disproportionate number of supervisors to children
• Abnormal thirst or hunger after leaving daycare
• Withdrawal symptoms
• Aggressive behavior

What If I Suspect My Child Has Suffered Daycare Abuse?

If you have reason to suspect that your child is experiencing physical harm, emotional damage, or sexual abuse while at a Dallas daycare center, talk with your spouse or partner to confirm if your child has been acting out of the ordinary. Following that, consider voicing your concerns to other parents who have children in the same daycare. Ask if they may have noticed different behavior in their own children, or if they have reason to believe that your suspicions may have merit in being pursued. In some instances, abuse may be coming from a bullying child, and conferring with another parent may help you to discover if this is the case. However, abuse may also be stemming from the negligent behavior of a daycare worker or care-giving adult, and a discussion with other concerned parents may assist you in deciding on your future options.

Did You Know?

Our Dallas Texas attorneys have won hundreds of day care abuse cases. Call us today to discuss your case. 1-855-326-0000

The signs of physical abuse and sexual abuse are often more apparent than the signs of emotional abuse or child neglect. However, emotional abuse to a child or neglect of a child can leave lasting emotional scars. One way to check on the emotional health of a child in daycare is to pay careful attention to the words they use to describe their time at the daycare center, as well as to make it a routine part of your day to ask them about their time at the daycare facility. If they seem reticent to talk about their experience or become sad or fearful in talking about it, a parent may have cause for concern regarding their child’s emotional health.

If your child is exhibiting any of the signs previously described and shows symptoms of child abuse or child neglect, waste no time in contacting local law enforcement or the Texas Department of Family and Protective Services. As most teachers and supervising adults know, it is the law in Texas that professionals who suspect that child abuse has occurred must contact DFPS. Incidents of suspected child abuse that may require immediate assistance can be reported by phone to the Department of Family and Protective Services’ toll-free abuse hotline at 1-800-252-5400, at any time of the day, on any day of the week. If an emergency response is not necessary, the Texas Statewide Abuse, Neglect, and Exploitation Reporting System website may be used, where allegations of child abuse may be sent to the DFPS. Reports made through the website take up to 24 hours to process.

Additionally, seek medical attention for your child. An experienced doctor will know the issues to look for in regards to suspected cases of child abuse, and will conduct a thorough examination of your child in order to fully assess whether or not daycare child abuse may be occurring. Should you need assistance in finding proper medical attention, our Dallas child injury law firm can assist you in finding appropriate help.

Lastly, if you have reason to believe that your child has suffered daycare abuse, consider contacting Dallas daycare abuse attorney Michael Grossman. Allegations of child abuse are taken very seriously by the State, and once such an allegation has been made by a parent or guardian regarding child abuse at a daycare center in Texas, an investigation will be conducted in order to determine the validity of the claim. With the help of a knowledgeable Dallas daycare abuse lawyer, an emotionally difficult time can be much more manageable. Our Dallas child injury lawyers will come alongside you at this critical point in time to ensure that your rights and your child’s rights are being protected at all times.

Who Is Liable for a Texas Child Daycare Abuse Case?

One of the first issues that an aggrieved family often desires to know is, “Who’s responsible?” In the legal realm, the person or entity responsible for an injury is called the liable party. The particular circumstances of a daycare abuse case will dictate who the liable parties are. Many past instances of daycare abuse have actually not arisen due to the involvement of a daycare worker or daycare teacher, but through the actions of a secondary worker at the daycare, such as a janitor, bus driver, or other person that has contact in some form with the children that attend the daycare. Family members of daycare workers have also been implicated in daycare abuse cases. If an employee of a daycare or another company is guilty of child abuse at a daycare, both the employee and the employer can be held civilly liable for the consequences of the employee’s negligent behavior. In instances where one or more perpetrators may have been involved in a child abuse case at a Dallas daycare facility, separate civil lawsuits may be pursued against each liable party. Due to the often highly delicate nature of such cases, a careful investigation must be made in order for all liable parties to be properly identified so that they can each be held wholly accountable for the full extent of their negligent behavior.

Negligence and Child Daycare Abuse

A liable daycare worker or daycare itself may be litigated against based on a number of different claims of negligence. General negligence may be claimed in many instances. Negligent hiring practices may be claimed where an aggrieved party believes that the hiring entity did not perform their due diligence in vetting an employee prior to their hiring. For example, if a possible employee says that they have no criminal background and an employer fails to take the necessary steps in order to seek confirmation of that fact, and such an employee is hired and then commits an act of child abuse, the employer can be accused of negligent hiring practices. In situations that involve adults working with children, reasonable efforts must be exerted in order to provide for the children’s safety. A claim of negligent supervision may also be proposed as grounds for a personal injury lawsuit, even if a child suffered an injury due to an adult becoming distracted for even a few seconds. Unlike many other personal injury cases that only have one option in regards to claims of negligence, child abuse cases may claim many different types of negligent behavior as a contributing factor to an injury to a child. If just one claim of negligence is substantiated, then an aggrieved party can seek compensation for the damages they and their child have incurred.

Vicarious Liability in Dallas Daycare Child Abuse Incidents

More often than not, when an employed individual is found liable for a daycare abuse incident, the employer’s company will be held vicariously liable for the child abuse incident as well. However, determining the actual owner of a daycare can often be a challenging task. While some daycares are privately owned, many others are owned by parent corporations that may have substantial legal clout on their side. Without an experienced Dallas daycare abuse attorney to assist you against such a likely formidable defendant, your pursuit of justice may end before it begins. Often, discovering the actual owner of a daycare in Texas may require the work of an independent investigation in order to uncover the entity that should be held responsible for the daycare abuse incident.

Additionally, when a company or employer is involved in a personal injury claim, that entity’s insurance company will likely be a defendant in such a case as well. Depending on the details of the child abuse incident and the specifics of the insurance policy held by the daycare or employing entity, an aggrieved party may be able to seek legal action against that insurance company, in addition to the legal action that may be sought against any other liable parties. However, insurance companies often have prior experience in dealing with similar cases and are often prepared to defend their client’s interests to their fullest extent since such a defense ultimately means, if successfully accomplished, saving money for their own company. With the help of an experienced Texas child injury lawyer, an aggrieved party can receive beneficial legal assistance against such a likely strong defense often procured by an insurance company.

Why Should I Seek Legal Action for Child Daycare Abuse in Texas?

In the event that daycare abuse has caused harm to your child, Dallas child injury attorney Michael Grossman and his team at Grossman Law Offices can assist you in two distinct ways. In seeking legal action through a personal injury lawsuit, compensation can be sought for your child’s injury, including emotional pain. As the emotional scars of child abuse have been well-documented in regards to causing behavioral issues well into adulthood, such traumatic issues are taken into account when considering fair compensation for daycare child abuse. Furthermore, compensation can be sought for financial losses, called damages, such as the child’s past and future medical bills, their pain and suffering, their emotional turmoil, and physical impairment or disfigurement. Additionally, punitive damages may be awarded to an aggrieved family depending on the severity of the child abuse incident and what a judge or jury may deem an appropriate response to a defendant’s actions.

While seeking such compensation is a necessary part of a personal injury lawsuit in Texas, we understand that it is often not the motivating factor for a family to seek legal action against a negligent party in connection to a child daycare abuse case. An aggrieved family desires, and deserves, justice against those responsible for their child’s suffering. Regardless of the presence of criminal charges, a personal injury lawsuit can be brought against the liable parties responsible for child abuse at a Dallas daycare. While no amount of money can be fair compensation for the suffering caused to a child, the compensation sought against a liable party can be viewed as a punitive measure against such an entity. Furthermore, by seeking legal action against a negligent party, you will be working to ensure that future incidents of daycare child abuse do not have to cause further harm to another child or further grief to another family due to the continued negligent behavior of a liable party. We want to help you hold such parties fully accountable for their actions so that they can be brought to justice for their misdeeds.

Contact the Dallas Day Care Abuse Law Firm of Grossman Law Offices

If you suspect that your child may be suffering from physical abuse, emotional abuse, or sexual abuse at a daycare, contact our child injury law firm toll-free at 1-855-326-0000. We offer free and fully confidential legal consultations where you can ask further questions specific to your possible daycare abuse injury case. After learning more about your needs, we’ll be able to apprise you of your possible legal options. If you’re able to proceed with seeking legal action against those responsible for harming a child, we can help you begin the process of pursuing justice through a personal injury lawsuit in Texas. Once enlisted to help, we can begin an in-depth investigation into the daycare, its workers, and the issues surrounding possible daycare abuse. Don’t allow another opportunity for such abuse to occur; contact our child injury lawyers today.