Posted on Jun 13, 2024

Sad boy cryingWICHITA FALLS, Texas – According to News Channel 6, a Wichita Falls family is seeking justice and accountability after a terrifying incident involving their five-year-old child, who was left unattended in a daycare van last year. The incident occurred under the care of Tadpole Children’s Academy, and the family has since taken legal action to ensure such a dangerous oversight does not happen again.

Legal Action Taken Against the North Texas Daycare

The article from News Channel 6 says that The Gardea family, represented by The Button Law Firm, filed a lawsuit on May 24, 2024, highlighting the severe negligence that occurred back in September 2023. According to the family’s attorney, Russell Button, the daycare's failure to follow basic safety protocols led to an avoidable and traumatic experience for their young son.

“Everywhere, especially in Wichita County, children being left in vans is 100% preventable. It should never happen; it is just so easy to double-check,” Button emphasized. He explained the deep distress felt by the parents upon discovering that their child had been left alone in the daycare van without anyone noticing. “These parents were terrified when they learned that their young son was left in that daycare van without anyone at the daycare noticing. I mean, they were terrified.”                             

Violation of Texas Childcare Regulations

According to the article, The Texas Code of Transportation mandates that all childcare programs in the state must supervise children at all times. This breach of duty violated state regulations and placed the five-year-old at significant risk.

Channel 6’s article shares further specifics from Button. He recounted the harrowing details of the incident, where the van was parked across the street in a parking garage. Miraculously, the child managed to exit the van and was discovered by a good Samaritan who heard him banging on the parking garage doors. Button outlined the potential dangers the child faced: “He could’ve experienced heat stroke. He could’ve been kidnapped when he got out of the van in a public setting. And they all sustain some sort of physical and psychological trauma when they’re left in a van just like our kid did here.”

Dangers of Leaving Children in Daycare Vehicles

The threat posed by leaving a child in a closed vehicle is well-documented. Even with the air conditioning running, a vehicle can quickly become dangerously hot once turned off. On an 80-degree day, temperatures inside a vehicle can soar to 109 degrees within just 20 minutes. Button stressed the severity of the situation, noting, “Whether it’s the summer, spring, or fall, being in that van without circulating air and the temperatures rising, it’s always 10 to 20 degrees hotter inside that van.”

Raising Awareness to Prevent Future Incidents

CBS 6 shares that the Gardea family hopes bringing attention to this incident can prevent similar occurrences in the future. They aim to raise awareness about the importance of diligent supervision and adherence to safety protocols in childcare settings.

Broader Implications for Child Safety in Texas

Our team’s involvement and the family's determination highlight a broader issue of child safety in daycare environments. The Gardea family’s experience is a stark reminder of the potentially dire consequences of negligence and the essential need for stringent safety measures in all childcare facilities. By seeking accountability and raising awareness, the family hopes to ensure that no other child has to endure the same frightening ordeal.

Contact The Button Law Firm for Help After a Daycare Injury

If your child has been injured due to daycare negligence, The Button Law Firm is here to provide the guidance and support you need. Our experienced team of daycare injury attorneys is committed to fighting for justice for families affected by daycare negligence.

For a free and confidential case evaluation, call us at 214-699-4409, email us at [email protected], or fill out our online contact form. Let us help you navigate this challenging time and ensure your family’s rights are protected.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.