How Did the Jasper Daycare Center Cause the Toddler’s Injury?
It goes without saying that caregivers are responsible for keeping little ones safe while in their care. That’s why Texas childcare laws, also known as the minimum standards, require that qualified caregivers use good judgment in day-to-day interactions with children as well as in emergency situations. Sadly, that did not happen in this case.
The caregivers at the Jasper daycare center showed many lapses in judgment, violating multiple minimum standards. These failures included improperly supervising the classroom of toddlers and not securing and properly storing heavy furniture in the classroom.
The minimum standards require caregivers to see and hear children so that they can anticipate a child’s actions and intervene before the child engages in dangerous behaviors or gets hurt. In this case, caregivers at the Jasper daycare center should have known that toddlers would be curious about the large table. At that age, children learn about new physical objects by touching them. It should come as no surprise that 2-year-old children would try to see over the top of the heavy table or attempt to scale it. Instead, the caregiver left the classroom. By leaving the kids alone, the caregiver did not keep the girl and her classmates away from the table, nor could she intervene when the toddlers did what toddlers do.
Plain and simple: The table never should have been left unsecured in the toddler classroom. The minimum standards also require daycare centers to ensure that all classrooms and indoor areas at centers do not use furniture as a classroom barrier (such as dividing up a room, as in this case) or decorating rooms with free-standing furniture that children can scale.
The little girl would not have been hurt if caregivers had followed the law at the daycare center in Jasper.
How Did The Button Law Firm Get Justice for This Family in Jasper?
The 2-year-old girl in this case was left in immense pain when the daycare center in Jasper failed her and her parents.
Her parents rushed her to a local emergency room, where doctors confirmed that she had broken her left thumb. She then had to travel to a different town to get surgery on her hand, where doctors inserted two metal pins into the child’s hand to keep her bone aligned while it healed.
Her treatment plan then required a second surgery, performed by a hand and wrist specialist located two hours from her home, to remove the pins and treat her broken bone. Post-surgery, she had a full arm cast on her hand and arm that was so overwhelming for the young child, it forced her to miss out on playing with her friends outside and jumping on the trampoline—both activities she loved prior to the incident at the Jasper daycare center. She also had to go back to using baby bottles because she was unable to hold a sippy cup.
In addition, her entire wardrobe had to be altered, with the left sleeve of her shirts having to be cut off so her cast would fit.
The safety failures at the Jasper daycare center also greatly impacted the child’s family. The toddler had to become more dependent on her parents to perform basic skills such as brushing her teeth and eating. Thus, the toddler’s mother had to leave her job and stay home to take care of her daughter full time.
With our team of experienced daycare injury lawyers on their side, we secured a life-changing result for the Jasper toddler and her family that covered all of their damages so that they could move forward.
Contact The Button Law Firm If Your Child Was Injured at a Daycare Center
If your child was physically or emotionally injured at a daycare center anywhere in Texas, contact our experienced daycare injury lawyers at The Button Law Firm. With offices in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409, email us at intake@buttonlawfirm.com, or fill out a contact form for a free case evaluation.
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