Posted on Aug 15, 2025

Sad GirlWhen a Daycare Becomes a Hazard

Daycares are more than just a place for learning and play; they are responsible for providing a safe environment where children can explore without unnecessary risks. That responsibility includes maintaining the property and promptly addressing hazards.

WFAA recently reported on a lawsuit filed by The Button Law Firm against The Learning Experience-Castle Hills in Lewisville, where a 2-year-old suffered serious injuries after slipping on water from a known leak inside the facility.

To read the original article, click here.

The Incident: A Preventable Fall

During a rainstorm, water leaked into the daycare and pooled on the floor. According to WFAA’s coverage, the lawsuit alleges the facility knew about the leak but failed to post warning signs, block off the area, or take any steps to prevent children from accessing the slippery floor.

The toddler walked across the wet area, slipped, and fell forward. The impact was so severe that one of her front teeth chipped instantly, and her mouth began bleeding heavily. The bleeding soaked her clothes, streaked her face, and continued for hours. She later lost one tooth entirely, and another became discolored.

Knowledge Without Action

Under premises liability principles, knowing about a hazard but failing to address it is a serious breach of duty. WFAA reported that the state’s investigation found that The Learning Experience was aware of the leak, yet no protective measures were taken. This left toddlers exposed to a known, dangerous condition.

Even more troubling, after the injury, multiple staff members recognized the severity of the child’s condition but did not call 911. Instead, the parents were told she was “just bleeding a little” and “doing fine” with an ice pack, despite the visible trauma.

State Citations Underscore Safety Failures

As detailed in WFAA’s report, the state’s childcare licensing division cited the daycare for failing to maintain the building and not exercising good judgment in the presence of children. These citations highlight a failure to meet the most basic property maintenance and safety obligations in a premises liability context.

When businesses, especially those caring for children, allow dangerous conditions to persist, they not only violate their legal duties but also put lives at risk.

The Button Law Firm’s Role in Accountability

“This was not an unavoidable accident but the direct result of The Learning Experience ignoring a known safety hazard and failing to act to protect the children in its care,” attorney Russell Button told WFAA.

By filing this lawsuit, The Button Law Firm is holding the daycare accountable. The goal is not just to secure justice for one family but to push for better safety practices so no other child is harmed by preventable hazards.

Why Property Maintenance Matters in Childcare

Hazards can appear quickly in any childcare setting, but the responsibility to address them is constant. Whether repairing a broken fence, cleaning up spills, or fixing leaks, property maintenance is more than routine upkeep; it’s a legal duty to protect the children who spend their days there.

This case, as covered by WFAA, is a reminder that children can suffer lifelong consequences when those duties are ignored.

If your child has been injured at a daycare because of unsafe property conditions, The Button Law Firm can help you understand your legal rights and take action. Call us at 214-699-4409, email intake@buttonlawfirm.com, or fill out our contact form today.

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