San Antonio Daycare Abuse Lawyer

San Antonio Daycare Abuse Attorney Michael Grossman on the Legal Ramifications of Child Daycare Abuse Incidents in Texas

Allegations of child abuse are not to be taken lightly, and proceeding with legal action against a person or entity that may be guilty of daycare child abuse can be a harrowing ordeal.

When a parent or guardian suspects that their child may have been subjected to sexual abuse, physical abuse, emotional abuse, or neglect while at a trusted daycare facility, the anger that a parent or family member feels can be overwhelming. When daycare child abuse occurs due to the negligent behavior of a daycare worker, a foster parent, or an institutional care-giver, both the worker and the worker’s employer may be held liable for the consequences of their actions through a San Antonio personal injury lawsuit. The following article, provided by San Antonio daycare abuse attorney Michael Grossman, offers further information on the signs of child abuse, the legal issues often involved in child daycare abuse cases, and what to do if you suspect your child may be suffering from daycare child abuse. While we hope that no parent or guardian must suffer through their child experiencing any kind of pain, we are ready to help those in need seek justice against those who hurt children.

Child Abuse Statistics in America

The following statistics, provided by the non-profit organization Prevent Child Abuse Texas, are a sobering reminder of the all-too-common occurrence of child abuse in Texas and throughout the United States.

• In 2001, almost four million cases of suspected child abuse were reported.
  • Of those, 54% were reported for neglect, 19% for physical abuse, 10% for sexual abuse, 3% for emotional abuse, and 14% for other types of child abuse.
• Each day, 4 children die caused by child abuse.
• Each day, 13,700 children experience neglect or abuse.
• In 2003, Texas Child Protective Services investigated 131,150 incidents of reported child abuse.
  • Of those, there were 50,208 confirmed cases of child abuse.
• In 2003, 184 children died due to neglect or child abuse.
• In regards to instances of daycare child abuse, a 1997 study showed that approximately 3% of child abuse cases in the U.S. were related to incidents at a daycare, in foster care, or in institutional care.
  • That percentage has remained steady for the last decade.

Instances of daycare child abuse, while they do not comprise a majority of instances of reported child abuse, often receive a high level of publicity. Such publicity should not be taken as evidence of the common occurrence of such child abuse or give a parent or guardian an unfounded cause for concern. However, even one instance of child abuse at a daycare is one too many. The following section details signs of child abuse that may assist a parent or guardian in assessing if their child may be suffering from daycare child abuse.

Signs of Daycare Child Abuse

Often, a parent or guardian will likely be able to tell if their child is suddenly acting quite differently or suffering from noticeable mood swings, aggressive behavior, or withdrawal symptoms. However, since a child cannot often vocalize their feelings or understand why they may be acting a certain way, it can be difficult for a parent to know if child abuse may be occurring. Furthermore, a child may choose to hide what is happening out of fear of “telling on” an adult. The following signs and symptoms of child abuse may prove helpful to you in regards to ascertaining if such abuse may be causing your child to suffer.

Possible signs of physical abuse:

• Unexplained injuries like burns, cuts, bruises or swollen areas
• Aggressive behavior
• Mood swings
• Crying
• Fighting
• Strong aversion to attending daycare
• Withdrawal from normal activities
• Complains of pain or injury but cannot provide a proper reason why

Possible signs of emotional abuse:

• Developmental delays
• Speech disorder
• Severe asthma, allergies, or ulcers
• Aggressive behavior
• Anti-social behavior
• Sleep deprivation
• Passive-aggressive behavior or manic-depressive behavior
• Habitual disorders like thumb-sucking, rocking, or biting

Possible signs of sexual abuse:

• Fears contact
• Yearns for contact
• Inappropriate sexual play
• Abnormal interest in sexual parts of the body or sexual issues
• Urinary tract infections or yeast infections
• Bleeding or bruising in the genital area
• Inability to properly sit or stand
• Dirty or torn underclothes

Possible signs of neglect:

• Dirty appearance or dirty diapers after attending daycare
• Understaffed daycare
• Abnormally thirsty or hungry following daycare
• The daycare discourages unannounced visitors
• Withdrawal
• Aggressive behavior

What to Do if Your Child May Be Suffering From Daycare Child Abuse in San Antonio

If you suspect that your child may be suffering child abuse while at a San Antonio daycare facility, there are a number of steps you may take in order to determine if such incidents are occurring. First, talk with your spouse or partner regarding your child’s behavior. The family members closest to the child should be able to identify any behaviors that are noticeably out of the ordinary. Next, a concerned parent or guardian may consider talking to parents of other children at the daycare. In some instances of suspected abuse, another child, i.e. a bully, may be the culprit behind a child’s injuries. In other instances, another parent may also be dealing with a child who is exhibiting certain characteristics that may be indicative of child abuse. While such a discussion must be handled with tact, a concerned parent may choose to ask another parent if they’ve seen any noticeable changes in their own child’s behavior after attending the daycare.

Did You Know?

Michael Grossman has been fighting for day care abuse victims` rights for over 20 years. Call Mike to discuss your case. 1-855-393-0000

While a responsible parent can only do so much to provide for their children’s safety, one of the pre-emptive measures a parent can take is to heed their child’s words in connection to the child’s experiences at daycare. Furthermore, a parent or guardian should daily ask their child about their time at daycare in order to be able to make an assessment regarding the child’s emotional health. Emotional abuse or neglect can oftentimes be more difficult to diagnose due to the lack of obvious physical clues, and such emotional abuse can lead to lasting scars that could cause a child to suffer from certain developmental delays. If a child is reticent to discuss their time at daycare or becomes inordinately aggressive or depressed when asked about it, a parent or guardian may have cause for concern.

If you have reason to believe that your child may be suffering from daycare child abuse, contact local law enforcement or the Texas Department of Family and Protective Services. If an incident of suspected child abuse requires immediate attention, call the DFPS child abuse hotline toll-free at 1-800-252-5400. Their line is available at any time of the day or night on any day of the week. If an immediate response is not necessary, a concerned parent can use the Texas Statewide Abuse, Neglect, and Exploitation Reporting System website to send a report of suspected daycare child abuse, which will be answered within 24 hours.

While it may be obvious to mention, a parent or guardian should take their child to receive proper medical attention as soon as possible in the aftermath of an injury. Once informed about the possible cause of a child’s injury, an experienced doctor will know what to look for in order to determine if such a child may have suffered abuse. An emotionally abused or neglected child may need to see a mental health professional in order to receive proper care. If you are in need of assistance in locating proper medical help for your child, contact our San Antonio child injury law firm.

Lastly, consider pursuing legal action against the liable parties responsible for your child’s injury through a San Antonio personal injury lawsuit. San Antonio daycare abuse attorney Michael Grossman can assist you and your family through this emotionally challenging time. When allegations of child abuse are brought against a person or place of business, the State of Texas will often begin a thorough investigation in order to assess the validity of such a claim. With an experienced child injury attorney on your side, you can rest assured that your rights and your child’s rights will be properly defended every step of the way. Additionally, our daycare child abuse attorneys in San Antonio will work to take care of the paperwork and other details in connection to legal action so that you can focus on healing and providing for the needs of your child.

Liability and San Antonio Daycare Abuse Incidents

When a parent or guardian suspects that their child may be suffering from child sexual abuse, child physical abuse, child emotional abuse, or child neglect, one of the first questions an aggrieved party wants answered is “Who’s responsible for this?” In the legal realm, this is known as the question of liability. Liability can exist with one person or entity or with multiple people or entities. In Texas, due to the legal notion of “respondeat superior,” when an employee is found guilty of negligent behavior resulting in injury or death to another person, the worker’s employer will also be held as a vicariously liable defendant. As such, a daycare worker guilty of child abuse will be a defendant in a daycare child abuse personal injury case, as would their employer. However, many instances of daycare child abuse do not often occur due to the behavior of a daycare worker or teacher. Many such instances occur due to the misdeeds of a secondary worker at a daycare facility, such as a bus driver or janitor, that may only have moderate involvement with the children. Additionally, relatives of daycare workers have also been found guilty of daycare child abuse. However, a daycare still has the responsibility to provide for a child’s safety at all times. Where multiple parties may be held liable for a daycare child abuse incident in San Antonio, TX, multiple civil lawsuits may be brought against each liable party. A thorough independent investigation must often be conducted into such matters in order to ensure that all of the liable parties can be identified so that they can be help properly accountable for their negligence.

Negligence Claims and Daycare Abuse

In contrast to other types of personal injury claims in Texas that require a very specific type of negligence to be applied to an injury accident case, a variety of negligence claims may be used in order to see justice served against those that cause harm to children. For example, a claim of negligent hiring may be assessed against a liable daycare or employer if they failed to pursue reasonable effort in connection to background checks of prospective employees. If an employee with a noticeable checkered history is allowed to work in close proximity to children and subsequently causes harm to a child, the employer may be held liable for such an incident through due to negligent hiring practices. Negligent entrustment, also known as negligent supervision, may also be a claim used in connection to a daycare abuse case. When a supervising adult fails to take proper steps to ensure the safety of a child, such a worker may be held liable for the child’s injury. A claim of general negligence may also be brought against a negligent daycare worker or secondary employee. If any of the claims of negligence are able to be substantiated, then an aggrieved parent or guardian likely stands to receive just compensation and see justice served against those who caused harm to their child.

San Antonio Daycare Abuse Incidents and Vicarious Liability

As previously mentioned, when a daycare worker or other employee is implicated in suspected child abuse at a daycare, that worker’s employer can be held vicariously liable for the injury to the child. In some instances, ascertaining the true owner of a daycare or childcare facility may be challenging. While some daycare centers are privately owned, others are owned by corporations or other entities that may attempt to hide their ownership, and thus their liability, in some way following allegations of daycare child abuse. Often, such an entity is only fully discovered through the work of a thorough independent investigation. Furthermore, in instances of a corporately-owned daycare center, such an entity may have considerable legal means on their side that will work to defend their client’s interests, regardless of the harm done to your child. Ensure that you likewise have experienced legal help on your side by enlisting the legal assistance of San Antonio daycare abuse attorney Michael Grossman.

Also, a daycare center is likely to possess some type of insurance coverage. Consequently, an insurance agency may be involved in any legal actions taken against a daycare facility. Such insurers may have previous experience in similar cases. Where possible, they will often attempt to deny or diminish claims on their policies in order to save their company as much money as possible, regardless of an injured child’s need for proper compensation. In such an instance, it can be beneficial for an aggrieved party to have the assistance of a San Antonio child injury lawyer who’s familiar with the tactics often employed by such insurers. After having gone against nearly every major insurer in the country, child abuse injury attorney Michael Grossman has earned a reputation with these insurers as a lawyer who works with his clients’ best interests in mind. Due to our 20 years of experience in personal injury and wrongful death law in Texas, Michael Grossman and his team at Grossman Law Offices are often offered out-of-court settlements since certain insurers and defense attorneys would rather not meet our lawyers in court. If a trial case is necessary for your personal injury case, we will be prepared to defend your rights and your child’s rights in that setting as well.

Why Should I Pursue a San Antonio Personal Injury Case for Daycare Child Abuse?

There are two reasons why an aggrieved parent or guardian ought to seek legal action through a San Antonio personal injury lawsuit in the aftermath of their child suffering from daycare abuse. First, a civil lawsuit works to hold a liable party or parties accountable for their negligent behavior. In other words, a daycare abuse personal injury lawsuit in San Antonio works to serve justice against those that would cause harm to befall a child. Through such legal action, the parties responsible for such an atrocity can be identified and held accountable for their misdeeds so that their continued behavior does not have to cause harm to another child or grief to another family. The need for justice against such parties is often a prime motivating factor for an aggrieved family to seek civil legal action against a negligent person or entity.

Additionally, the technical goal of a personal injury lawsuit is for the aggrieved party to receive fair compensation for their incurred damages. These financial losses can occur in many ways. Often, such damages include past and future medical bills for the child’s health, the child’s pain and suffering, their emotional or mental distress, and costs related to possible disfigurement or impairment. Furthermore, a judge or jury may choose to award a plaintiff punitive damages if such a response is deemed appropriate in regards to the severity of the daycare abuse incident. While seeking compensation is often not a leading factor in a family seeking legal action on behalf of their child, such a factor is a mandatory aspect of any personal injury case. Furthermore, such compensation, awarded as a result of the favorable outcome of a San Antonio personal injury case, can be used to help insure that a family does not have to experience financial struggles as they struggle to help their child through an emotionally turbulent time, which could last for many years and require many years of physical or emotional therapy.

Contact Grossman Law Offices, a San Antonio Day Care Abuse Law Firm

If your child may be suffering from daycare child abuse, waste no time in contacting the proper authorities and seeking medical attention for your child. Then, consider contacting our San Antonio child injury attorneys toll-free at 1-855-393-0000 for a free and confidential legal consultation. We’ll listen to you and answer any pressing questions you may have regarding your possible legal options. If you’re able to pursue legal action through a San Antonio personal injury case, we can help you initiate that process. We will then begin a thorough investigation into the allegations in order to assess the proper next steps.

San Antonio daycare abuse attorney Michael Grossman and his team at Grossman Law Offices are ready to help you through this difficult time so that those who have caused you so much grief and pain can be held fully accountable for their negligent actions.