In October 2022, while children at a Mesquite daycare center played on the playground, one little girl was having fun when her friends fell on her back. The caregiver responsible for supervising the little girl and her class had fully turned away from the children while talking to another caregiver. Thus, she did not see the fall or notice the little girl’s body on the ground, even though the child was crying in pain. Therefore, the child did not get any medical help nor was her mother notified of the incident.
The mother found out about the fall that evening when she noticed bruises on her daughter’s lower back. The child also had trouble using her right arm and was limping. The next morning, the mother went to the Mesquite daycare center, spoke with the daycare’s director, and reviewed surveillance footage to confirm that a caregiver was at fault for the girl’s injuries.
The mother contacted our daycare injury lawyers at The Button Law Firm to hold the Mesquite daycare center accountable for its negligence and failure to comply with basic childcare laws. The regulations required properly supervising the children they were responsible for, providing medical attention following the injury, and reporting the girls’ injury to the parents and state. Our legal team helped the child and her family move forward with a settlement that adequately compensated them for their damages.
Injuries the Girl Suffered at the Mesquite Daycare Were Easily Preventable
Our Texas daycare injury lawyers have found that a lack of supervision is the primary cause of most daycare injuries and incidents. In this case, the girl’s back injury could have been easily prevented had the caregiver kept an eye on the children. She could have spotted the little girl on the playground and intervened to protect her from falling.
In addition, by not closely watching the little girl at the Mesquite daycare center, the caregiver’s actions triggered additional violations of Texas childcare laws, also known as minimum standards. The following list shows the required steps daycare centers are supposed to take after a child in their care is hurt:
- Report a child injury requiring medical treatment by a healthcare worker
- Immediately notify parents of the situation
- Report all incidents involving serious harm or injuries to the Department of Family and Protective Services
- Complete an incident report involving incidents that involved serious harm or placed a child at risk
- Provide a child’s parents with a copy of the incident report
Unfortunately, the incident involving the negligent caregiver at the time of the little girl’s back injury was not unique to the Mesquite daycare center. The center had been cited for similar supervision and injury reporting infractions 14 times in the five years leading up to the girl’s injury—with three citations earlier in the year.
Getting Justice: How The Button Law Firm Held the Mesquite Daycare Center Accountable
Back injuries at any age are serious. The mother took her daughter to a local emergency room to be evaluated for broken bones or fractures. There, doctors diagnosed the young girl with abrasions to multiple sites, sacral contusion, and a forearm contusion. The little girl was also experiencing a lot of pain and was given medicine to help manage it.
Following the incident, she struggled with constant low back pain, which forced her to miss out on childhood pastimes, like jumping on the trampoline in the backyard with her siblings and playing on a swing set. She grew timid, afraid that the activities she enjoyed before her injury would further aggravate her lower back pain.
Our North Texas daycare injury lawyers helped the girl and her family move forward with a settlement agreement. The Mesquite daycare center was held accountable for its safety failures. The center compensated the family for all economic damages, including medical bills, noneconomic damages like pain and suffering, and loss of enjoyment of life. The Mesquite family can now move forward.
The Button Law Firm Can Help Your Family with a Daycare Injury Case
If your child was harmed or injured by caregivers who neglected to follow daycare safety laws, contact our knowledgeable daycare injury attorneys at The Button Law Firm. 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.
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