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Can Criminal Charges Result from Day Care Negligence or Neglect?

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network


In Texas and other States, incidents that take place at day care centers or as a result of day care center negligence or neglect can and do result in the criminal prosecution of the employees and / or administrators of the day care center. In most States, a person can be arrested for reckless conduct that is not intentional in nature. A good example is a DUI crash involving injury. The DUI driver did not necessarily intend to run over the pedestrian but the DUI driver was certainly reckless in driving under the influence of alcohol. In this case, the driver was reckless and can be arrested and prosecuted for crimes related to the pedestrian / automobile accident.

When the acts of day care workers and / or administrators lead to the serious injury or death of a child and the acts can be considered reckless in nature, a criminal prosecution may be pursued by the sheriff’s office, police department, and the State Attorney / Prosecutor. It should be noted that a parent or guardian can still pursue a civil case or claim for personal injuries whether a criminal case is pursued or not by the governmental authorities.

A recent incident that took place in Dallas, Texas has resulted in the arrest of a day care center worker. It was also reported that the day care center – Little T’s Tiny Tots – has been temporarily closed pending the investigation into the unfortunate the tragic death of Benjamin Price. Sadly, Benjamin died as a result of hyperthermia / heat stroke associated with being left unattended after a movie field trip in the day care center van. You can read more about this story at Dallas Texas Day Care Center Temporarily Closes – Day Care Center Van Driver Arrested.

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