Posted on Nov 15, 2023

Child in cast after daycare caregiver physically abused herKILLEEN, Texas – The Button Law Firm is representing the Magaña family, who are filing a lawsuit against Just for Tots #4, a daycare center in Killeen, Texas. This happened after a troubling incident in June 2023, where the Magañas' 10-month-old daughter suffered a fractured left forearm due to the aggressive actions of caregivers at the daycare.

What Happened at This Killeen, Texas Daycare?

According to the lawsuit, the Magaña parents, Raul and Mariah, say that their daughter was forcefully pulled off the floor by her left arm while engaged in play with other children. They initially noticed their infant daughter wasn’t using her left arm after they picked her up from daycare – that’s when they took her to an emergency room. There they discovered that their daughter’s arm was seriously injured.

Additionally, the lawsuit reveals that the daycare center engaged in deceptive practices by providing false explanations for the infant's injury. Initially, the child’s parents were denied access to the full surveillance video; the parents later discovered that their child was in evident distress at the daycare, with her left arm giving out as she attempted to crawl. Shockingly, caregivers seemed indifferent to the baby's pain. The caregivers even tried to cover their tracks by claiming the baby was fussy.

The child’s mother, Mariah Magaña, stated, “We are angry Just for Tots hurt our daughter, and the adults charged with taking care of her had no remorse for their actions. The heartbreak of discovering the truth about our baby’s broken arm shattered our trust in Just for Tots and left us questioning the priorities of the daycare center, which were clearly not our daughter’s safety.”

Beyond the harm caused, the lawsuit contends that Just for Tots violated state childcare laws by neglecting to promptly contact the Magañas, emergency medical services or report the incident and infant’s injuries to the state of Texas. An independent investigation by the Texas Health and Human Services Commission Child-Care Licensing Division and the Texas Department of Family and Protective Services supported the Magañas’ claims and cited the daycare center for multiple safety failures.

To see the filed complaint, click here.

How The Button Law Firm is Working to Get Justice for This Texas Family

Russell Button, the Texas daycare injury attorney representing the Magañas, emphasized the severity of the case, stating, “We are committed to holding Just for Tots accountable for its egregious behavior and actions towards our clients and their innocent infant daughter. This daycare negligence case involving an infant who is not even old enough to walk is difficult to comprehend.”

Additionally, further investigation revealed that Just for Tots has a history of safety failures, with records indicating 31 citations issued by the state between November 2018 and September 2023. Three citations were issued following the June 2023 incident with the Magañas’ daughter.

In response to the allegations, The Button Law Firm is unwavering in its commitment to seeking justice for this Killeen family and holding Just for Tots accountable for the negligence and abuse that transpired under their care.

As the legal proceedings unfold, The Button Law Firm will continue to provide updates on this deeply troubling case, reinforcing its dedication to advocating for the rights and well-being of families impacted by daycare negligence.

How to Contact The Button Law Firm After Your Child Was Injured at Daycare

If your child was the victim of negligence at daycare, it’s important to speak to a daycare injury attorney right away. Be sure to contact our experienced team at The Button Law Firm by calling (214)699-4409 or by filling out the contact form at the bottom of this page. You can also reach out to us by clicking here.

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