BLF Lawyers Hold Dallas Daycare Center Accountable for Toddler’s Fall and Injuries
In July 2022, workers at a Dallas daycare center allowed a 4-year-old girl to stand on toy cars and use them as if they were roller skates. As any reasonable person could foresee, the situation was not safe. The little girl fell twice, landing on top of blocks on one occasion. Unfortunately, caregivers at the center chose to disregard Texas childcare laws, which require them to provide a safe environment for a child as well as fill out an incident report and inform the child’s parents if situations like this occur.
Upon arriving home after picking up her daughter from daycare, the toddler’s mother noticed her child’s arm was injured. She rushed her to the local children’s hospital, where doctors diagnosed her with a fractured elbow and treated her injury. When the mother questioned the daycare owner, she was met with hostility. That is when she got our Dallas daycare injury lawyers at The Button Law Firm involved in the effort to hold the childcare facility accountable for its negligence. Our legal team fought to secure a settlement on behalf of the little girl and her family and compensated them for medical expenses that diagnosed and treated the girl’s broken elbow and any trauma she suffered.
How Safety Failures at a Dallas Daycare Center Caused the Toddler’s Broken Elbow
The circumstances in this case revealed that the little girl’s two falls and subsequent injuries at the daycare center in Dallas were easily preventable. Had daycare workers properly supervised the little girl, ensured only age-appropriate toys were in the classroom, and redirected her from using the toy cars as skates, she would have remained safe.
To make matters worse, the daycare center’s owner was hostile toward the child’s mother when she questioned him about what happened to her daughter. A text message exchange between the mother and owner shows that rather than give her peace of mind and provide information about how the little girl was hurt at the facility, the owner refused to take responsibility and attempted to blame her for the little girl’s fractured arm.
The state of Texas has daycare safety laws (known as minimum standards) that address potential safety risks to children at daycare centers and the ways in which daycare centers should respond to unsafe situations. The standards are meant to prevent fall injuries, like the one the little girl in this case experienced, ensure any injuries are immediately reported to the parents and the state, and provide the child with medical attention.
In this case, the Dallas daycare center failed to meet several of the following minimum standards including:
- Leaving a child without competent adult supervision
- Ensuring toddlers have constant care and supervision
- Training staff on how to appropriately redirect children
- Immediately notifying parents of any situation that placed their child at risk
- Reporting all incidents involving serious harm or injuries to children to the Department of Family and Protective Services
- Completing incident reports on all incidents involving serious harm or injuries to children
- Providing parents with a copy of a completed incident report on all incidents involving injuries to children
An investigation conducted by the Texas Health and Human Services Childcare Licensing Unit found the Dallas daycare center’s negligence was responsible for the little girl’s fall and broken elbow.
Moving Forward: Getting Justice for a Toddler After a Fall Injury
Upon taking on this case, our Dallas daycare injury lawyers fought hard to get justice for this little girl and her mother. The facility’s many safety deficiencies surrounding this incident highlighted the center’s disregard for child safety, which endangered the little girl and other children in its care.
The little girl was seriously injured because of the Dallas daycare center’s negligence. She was diagnosed with a closed fracture of the left humerus, or elbow, and forced to wear a cast for many weeks during the hot Texas summer. Because of this, she could not participate in summertime activities like swimming with friends and playing pool activities. Instead, she experienced boredom and loneliness and was made to watch other children play while she was in pain.
Understandably, the little girl was traumatized by her fall and injuries at the Dallas daycare center. She suffered mental anguish, fearing a return to the daycare center and not wanting to leave her mother’s side. Because of this, her parents became distrustful of the daycare and had to put their life on pause while they searched for a new, safe facility for their daughter.
Our daycare injury lawyers held the Dallas daycare center accountable for its negligence and the subsequent economic and noneconomic damages for the family. They received a settlement, which compensated them for the medical expenses that diagnosed and treated the little girl’s broken elbow and covered the resources to treat her emotional trauma. In addition, the family was compensated for the lifestyle disruption caused by their distrust of the facility.
Let The Button Law Firm Fight for Your Family After a Daycare Fall Injury
Our team of experienced and compassionate daycare injury attorneys at The Button Law Firm is dedicated to advocating for you and your family if your child was seriously injured by a preventable fall while in the care of a Texas daycare center. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our attorneys 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 [email protected], or fill out a contact form for a free consultation.