In March 2023, a little boy was running around with his friends during recess at a daycare center in Texas. At one point, he fell and landed on a wire fence that was not properly maintained by the daycare center, resulting in a large wound on his back.How Did the Daycare Center in this Case Fail the Boy and His Mother?
In this case, the daycare center failed to maintain safe grounds at the center. Texas childcare laws, also known as the minimum standards, require a daycare director and their caregivers to frequently monitor the premises so that any hazards, such as an unmaintained wire fence, can be immediately fixed. That clearly did not happen in this case.
Addressing the Daycare Center’s Response to the Incident
The daycare center also failed the boy and his mother with its response to the incident.
Following any incident or injury involving a child, daycare centers are required to report the incident to the state. We also recommend that parents submit their own daycare injury report to the state either online or by calling 1-800-252-5400. This way, parents know and have the peace of mind that the state is aware of what happened to their child, and an investigation will be prompted. In our experience, some centers attempt to cover up the incident by skipping this step.
In addition, a center must give parents a copy of the incident report, which details what happened during an incident, which caregivers were present, and what, if any, first aid or medical attention was received by the child to treat their injuries. In this case, the center reported the incident to the state, but the mother did not have any additional information after speaking with the state investigator. That’s why our legal team wants to educate parents so that they know they are owed a copy of the incident report and can request it when the center does not follow the minimum standards.
Upon seeing the severity of the little boy’s injuries, the daycare center tried to cut corners when it came to the aftermath of the incident. The daycare center did not alert its insurance company. Instead, the center attempted to give the boy’s mother a check for any out-of-pocket medical expenses, such as the ambulance ride. This is a tactic that some centers use to sweep severe incidents under the rug or handle them quickly in exchange for the parent to give up the right to file a lawsuit. While a settlement may seem appealing and provide immediate financial relief, it’s important to know that quick settlements are typically in the best interest of the daycare center and not the child’s, including the little boy in this case. (You can learn more about paying for your child’s medical bills following a daycare injury in this article.)
We recommend speaking to an experienced daycare injury lawyer like our team at The Button Law Firm for a free case evaluation to understand the complexities involved in a case like this, to learn about all the damages your family may be entitled to, and to find out how we negotiate with insurance companies on your behalf to protect your child’s rights.
In this case, our legal team, working with a partner firm, was able to properly assess the incident, including all of the minimum standards that the daycare center violated, and get justice for the mom and her son by securing a life-changing result.
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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