FORNEY, TEXAS – A lawsuit has been filed by our team of daycare and child injury attorneys against Primrose School of Forney at Gateway after a 6-year-old child was seriously injured on the playground due to negligent supervision by daycare staff. Parents Austen Baxter and Amy Centeno entrusted the daycare with their daughter’s safety, only to have that trust broken when caregivers failed to act, resulting in a preventable injury that has left lasting physical and emotional scars.
To read the full complaint, click here.
What Happened on the Texas Daycare Playground
On July 24, 2024, what should have been a typical afternoon of outdoor play turned into a devastating event. While children played on the playground at Primrose School of Forney at Gateway, caregivers failed to provide proper supervision. Two staff members sat together at a picnic table, engaged with one another and looking at an iPad rather than actively monitoring the children.
This lack of attentiveness created a dangerous environment. Multiple children began climbing and jumping from a railing clearly designed to prevent such risky behavior. Despite the obvious danger, caregivers failed to intervene. One child jumped from the railing and suffered a severe foot fracture, breaking the bone in three separate places.
Why the Injury Happened: Distracted and Negligent Caregivers
An investigation by Texas Health and Human Services confirmed that the incident was the direct result of inadequate supervision. According to the investigation, children consistently said they were never warned or told to stop jumping from the railing. Several admitted they had been jumping from the same spot repeatedly without any intervention from caregivers.
There was also a video clip of the incident. Though only 11 seconds long, the video captured two caregivers sitting at a picnic table, one with her back to the playground and the other facing the structure but failing to act. The caregivers did not redirect or intervene as the child dangled her legs over the railing moments before falling.
Perhaps most alarming, the child’s injury went unnoticed until another child helped her over to the caregivers, underscoring just how disengaged staff were from their responsibilities.
This systemic neglect violated Texas childcare licensing laws, including requirements for active supervision, attentiveness, and immediate reporting of injuries.
A Pattern of Broken Promises at Primrose
Primrose School of Forney at Gateway markets itself as a safe and trusted childcare provider, emphasizing continuous safety training and “the best and most trusted early education and care.” However, this incident, along with a history of violations, tells a different story.
The daycare failed to uphold the most basic standard of childcare: ensuring that children are supervised and protected from preventable harm. Instead, caregivers were distracted, inattentive, and dismissive of their duty to protect children.
How The Button Law Firm Is Helping This Family
The Button Law Firm is representing the family in their fight for accountability. By filing this lawsuit, we hope to help the family seek answers, justice, and accountability.
“This incident was completely preventable,” said Russell Button, founder of The Button Law Firm. “Children rely on caregivers to be vigilant and attentive. When caregivers are distracted, children get hurt. We will hold Primrose School of Forney at Gateway accountable for breaking this family’s trust and failing to protect a child in their care.”
The lawsuit highlights not only the harm caused to this child but also the broader dangers posed when daycares prioritize convenience over safety. The Button Law Firm is committed to ensuring families across Texas are protected from negligent childcare providers.
Standing Up for Safer Childcare
If your child was injured due to daycare negligence, The Button Law Firm is here to help. Our team of daycare and child injury lawyers is committed to getting life-changing results and justice for kids against bad daycares, companies, and schools that abuse and neglect the safety of children.
To learn more, call 214-699-4409, email intake@buttonlawfirm.com, or fill out our contact form for a free and confidential case evaluation.
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