Daycare playgroundIt was just another hot summer day in Irving, Texas, when a 1-year-old girl was dropped off at daycare early one morning on her mother’s way to work. Although she was in a hurry, the mother was confident her little girl would be properly supervised and cared for while she was at work. Unfortunately, the mother did not know her family’s life would be seriously altered when she returned to pick up her child later that day.

That afternoon, the mother found her toddler was acting “fussy” when she picked her up. She was told that her child became irritable following an incident on the playground that morning. The daycare center’s employee explained that the toddler did a flip off of playground equipment, landed on her feet, fell, stood back up, then became upset. Nothing was done to provide first aid for the toddler following the incident.

The toddler became more upset and favored her left arm when she arrived home. The next morning, the toddler’s father returned to the daycare center and asked for more details, an incident report, and video footage of the incident. The daycare center refused the father’s requests. Seeking answers, the family took the toddler to her pediatrician. The doctor’s report and X-ray results were shocking: The toddler had a fractured left arm. The toddler’s serious injury required a cast that nearly covered her entire arm, a sling, and treatment for approximately five weeks.

Effects of a Serious Daycare Playground Injury

Although the toddler’s physical injuries required approximately five weeks of treatment and recovery, the injury affected the toddler’s family in ways they could not have imagined. The toddler’s mother had to resign from her job so that she could care for her toddler, causing a financial hardship for the family. The family lost trust in other caregivers. The toddler could not sleep because of the pain and discomfort, resulting in irritability and meltdowns. Making matters worse, after the physical injuries healed, the toddler was fearful of the playground and would not leave her parent’s side when taken to a park or playground. The daycare center’s lack of proper supervision and inadequate response resulted in a severe injury to a little girl that left the whole family scarred.

Daycare Center’s History of Violating the Law

Like most working parents, the toddler’s mother and father trusted the daycare center would provide a safe and properly supervised environment for their 1-year-old toddler. However, unknown to the toddler’s family at the time, their trusted daycare center had a long history of violating the law. An investigation by the Dallas daycare injury attorneys at The Button Law Firm revealed that the daycare center had a pattern of employing unqualified and untrained caregivers and failing to properly supervise children.

In fact, the daycare center had been cited by the state of Texas numerous times for incomplete training requirements and employee background checks, improper supervision of children, and not ensuring the safety of children in its care. The troubling pattern of violations led to conduct by caregivers that resulted in the fractured arm of the Irving toddler. Even worse, the daycare center’s attempt to cover up the incident meant a delay in treatment that brought about emotional trauma for the toddler who feared returning to a playground and a loss of trust in future child caregivers by an entire family.

Irving Daycare Center Failed to Properly Care for the Toddler

Child daycare centers are required to follow the minimum standards and guidelines for daycare centers as defined by the state of Texas and the Department of Family and Protective Services. These centers have a duty to properly hire, train, and supervise caregivers. In the case of the Irving  toddler, the negligent daycare center’s staff members did not exercise their duty to:

  • Properly supervise children on the playground
  • Immediately notify parents of any situation where a child is at risk
  • Report all incidents of serious harm or injury to the Department of Family and Protective Services
  • Complete an incident report
  • Provide the incident report to the parents.

 The Button Law Firm stood up for the toddler’s family and held the negligent daycare center accountable.

Improper Supervision Can Lead to Playground Injuries

According to Texas Children’s Hospital’s Center for Childhood Injury Prevention, lack of or improper supervision is associated with approximately 45% of playground-related injuries. When parents are at the playground with their children, they are actively monitoring and watching their children. Parents expect their child’s daycare center employees to do the same. However, when trusted daycare center employees are improperly or inadequately trained, serious accidents can happen.

Fighting for Irving, Texas Toddler Injured by Negligent Child Daycare Center

The Irving toddler’s family reached out to the Dallas daycare injury attorneys at The Button Law Firm seeking help. The Button Law Firm listened to the family, immediately began investigating the case, and obtained justice for the toddler’s family. The Button Law Firm was successful in obtaining a significant settlement as a result of the life-altering injury sustained by the toddler and its aftershocks. The settlement provided our client with monetary compensation to cover the toddler’s medical expenses, the parent’s loss of income due to caring for their child, and the resources needed to help recover from the severe injuries and emotional trauma caused by the negligent daycare center.

Not Sure What to Do After Your Child Is Injured at Daycare? We Can Help.

Improper supervision and poorly maintained playground equipment can lead to devastating child injuries. Caring for your child, paying medical bills, and losing time from work compound the strain of having a child injured by the negligence of a daycare center. To add more difficulties, uncovering the truth behind a child’s daycare injury can be complex. As the Irving case illustrates, daycare center employees often try to cover up their negligent acts, and young children are unable to communicate what happened to them. It often takes an aggressive investigation by experienced daycare injury attorneys to uncover the truth.

Need Help Dealing with Your Child’s Daycare Injury?

After years of helping families recover from injuries caused by negligent child daycare centers, The Button Law Firm created a free five-step guide for parents dealing with a daycare injury. Our free guide provides information on what to do in the aftermath of a daycare injury, including how to obtain information from the daycare center, how to report the incident to state investigators, how an attorney can help with your case, and much more.

Let The Button Law Firm Investigate Your Child’s Daycare Injury

If your child was injured, abused or neglected at daycare, contact the knowledgeable and compassionate Dallas daycare injury attorneys as The Button Law Firm. Our attorneys will listen to you and your child, fight for your family, and help hold the negligent child daycare center accountable. Let us see if we can get you compensation if your child was injured at daycare. Our attorneys at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a serious injury involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to investigate your case. Call us at 214-699-4409 or fill out a contact form below for a free consultation. We hold negligent daycare centers accountable.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.