What Happened to the Child?
A North Texas Veteran family entrusted their child’s safety to what they thought was a reputable daycare. The daycare staff’s negligent supervision caused the child to break his arm. The incident happened when the child was just three years old. He was in a play area that was inappropriate and unsafe for his age group. The play area was enclosed with a fence and had nothing but hard surface concrete for the young children to play on. The caregivers were not properly supervising the child when he was pushed down by another child. The child hit the concrete, tried to stop his fall, and broke his arm.
What Went Wrong at the Daycare to Cause This Injury?
Texas has minimum standards that set out what type of areas are appropriate for various age groups and ratios of children. Certain age groups – like children that fall often and are still developing balance skills – should not be playing in an enclosed area, crowded by other children, and made of solely hard concrete surfaces. The daycare staff should have known better.
In Texas, if a child suffers a serious injury while in the care of a childcare center, there is clear language in the state’s childcare minimum standards that caregivers must seek proper medical attention, notify the parents immediately, and report the injury to the Texas Department of Families and Protective Services (DFPS) within 48 hours of the injury occurring.
Unfortunately, in this scenario, a three-year-old was left to play in dangerous conditions and without proper supervision. After sustaining a serious injury – a broken arm – the daycare did not call 911, did not immediately contact the parent, and did not report the injury to the state.
How the Button Law Firm Helped This Family Recover
The child’s mother was understandably upset – no child should ever be harmed due to a daycare’s carelessness and negligence. She contacted us as she saw that we have experience in handling cases involving daycare neglect and abuse and that we knew exactly how to help her navigate such a difficult situation. Our team of daycare injury lawyers and paralegals got to work, doing extensive investigating into the incident.
The child went through a great deal of physical pain while dealing with a broken arm injury. Most importantly, the child faced psychological and emotional damages because of the injury and the lengthy recovery process. He was casted and unable to participate in normal activity for his age group for months following the incident.
Our daycare negligence legal team helped this family pursue a case against the daycare and helped the child and his mother recover the damages they had, such as ER bills, doctors’ visits, and long-term therapy that the child received because of being injured and neglected.