When the parents of a 3-year-old girl enrolled her in a daycare center in Smithville, Texas, they trusted the daycare center would keep their little one safe. However, when a caregiver overseeing her class playing in the center’s courtyard failed to redirect the child’s behavior, it had devastating consequences.
While playing, this inquisitive little girl discovered a rolling cart and wanted to climb it. Unknown to her, but known to the caregiver, was the cart was near the daycare center’s metal chain-link fence with sharp points. Despite seeing the little girl on the cart, the caregiver did not redirect her to another toy or activity on the playground. The little girl then fell off the cart and reached out for the fence. Her small, fragile middle finger was immediately lacerated from such a sharp and abrupt force.
Due to the caregivers’ poor judgement to redirect this little girl from a potentially hazardous situation, she was seriously injured. Supervision at daycare centers is fundamental to child safety, whether it be the daycare director overseeing staff to ensure Texas’ daycare laws are being followed, or caregivers themselves making sure they’re all keeping a watchful eye on the children in their care. One thing is clear: Proper supervision and intervention could have prevented this little girl’s injury from happening.
Fortunately, the parents of this 3-year-old girl contacted our daycare and child injury lawyers at The Button Law Firm to hold the Smithville daycare center accountable. They knew that in order to seek proper care and future treatments for their little one, they needed support. Our legal team helped this family receive justice by securing a settlement to help the girl and her family move forward and cover medical expenses for the treatments she desperately needed.
What Did This Smithville Daycare Center Do to Violate Texas Daycare Center Laws?
Texas daycare laws, known as minimum standards, are what keep children in caregiving centers safe, regardless of where they live. These regulations provide a basis for care that all licensed daycare centers must follow. Above all else, these laws require daycare centers to provide the children under their care with trained, competent caregivers in a childproofed, supportive center. When a daycare center fails to abide by the minimum standards they are held to, it’s considered negligence. The Smithville daycare center in this case was negligent in a number of ways. The center should have:
- Closely watched the toddler classroom
- Ensured the little girl—or any child at the center—was not neglected
- Identified the dangerous situation and intervened to ensure each child’s safety
- Not have left any child without competent adult supervision
- Properly trained its staff on how to appropriately redirect children
- Repaired the sharp fence and maintained the daycare’s grounds to prevent any child injuries
When the state of Texas’ Department of Family and Protective Services conducted its own independent investigation, it cited the center with similar failures, including failing to intervene in a child’s dangerous behavior and neglecting to maintain sharp playground fences. More shockingly, the daycare center had previously received more than 20 citations for failing to comply with safety laws.
How Did The Button Law Firm Help This Young Girl’s Family?
Upon picking up their daughter from the Smithville daycare center, this family knew the deep laceration to their 3-year-old’s finger needed immediate treatment. They rushed the girl to the nearest hospital in attempt to save her middle finger. Fortunately, the emergency room physicians were able to clean and repair the injury. The girl received 11 stitches, which required a follow-up visit to have them removed.
As a result of such a traumatic incident to the young girl, her parents reported that their daughter would frequently wake up screaming and crying and requiring comfort. The damage to the hand meant that this little girl had little to no function of her left hand, and she faced a slow recovery process to begin using it again.
Now distrustful of daycare centers, the family searched for a new one for their daughter, only this time they hoped for one that would honor the promise of providing safe care. With heightened concern about finding a safe center, the family grew weary in its search, but our team at The Button Law Firm provided guidance and helped them check for red flags that signal a daycare center may not be safe for their daughter.
The horrific incident from this daycare center in Smithville, Texas, left not only a little girl in need of physical and emotional healing, but a family in distress. Her family most likely have to support her for years to come. Our daycare injury lawyers at The Button Law Firm are aware of the unique challenges of working with families of young children and are always prepared to provide support. As a result of our team’s hard work, the family was able to reach a settlement with the Smithville daycare center. The settlement helped compensate this traumatized family for all damages, including future doctor visits and counseling, and renewed their confidence that they could overcome anything that happens to their family.
Was Your Child Harmed Due to Daycare Negligence in Texas? Contact The Button Law Firm.
If your child was physically or emotionally harmed because caregivers did not comply with Texas daycare safety laws, contact our experienced daycare and child injury lawyers at The Button Law Firm. 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 [email protected], or fill out a contact form for a free case evaluation.
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