KERRVILLE, Texas - The Button Law Firm's daycare injury lawyers are stepping in to hold A Child’s Place Learning Center in Kerrville, Texas, accountable for significant safety failures that led to a 9-month-old baby's head injury and a fractured clavicle. The mother of the child, Denise Gauna, has filed a lawsuit following the incident in March 2024, citing multiple violations of Texas childcare laws.
Negligent Texas Daycare Causes Toddler’s Head Injury and Fractured Clavicle
According to the lawsuit, which was filed by The Button Law Firm, Gauna’s infant son sustained severe injuries after daycare workers failed to secure him in a tall highchair properly. The baby fell headfirst to the floor, striking the right side of his head, shoulder, and arm on the hard surface. The suit says that A Child’s Place Learning Center neglected basic safety protocols, resulting in the child's head injury and a fractured clavicle.
The lawsuit further claims that the daycare attempted to cover up the incident by failing to inform her immediately. The child was reportedly left to suffer in pain for eight hours before the daycare alerted her to the situation, which is a clear violation of Texas childcare laws that require prompt notification and medical attention.
Cover-Up Attempts: A Child's Place Fails to Report Incident Accurately
When Gauna arrived to pick up her son, she immediately noticed a knot on the right side of his head and that he was visibly uncomfortable. Concerned, she inquired about what had happened, only to receive a vague incident report from the daycare, which falsely stated that her son had "hit his face on a table/floor." It wasn't until she pressed the staff again that they admitted the full extent of what had occurred.
“My world turned upside down when I saw my baby with a knot on his head at A Child’s Place,” Gauna stated. “It was obvious that he was not okay, and the center had the nerve to leave him suffering to try to cover up their facility’s failures. No child or parent should have to endure what we have experienced.”
Investigation Uncovers Previous Violations and Lack of Training
The Texas Health and Human Services investigated the incident, uncovering troubling findings. A Child’s Place was cited in August 2020 for failing to use safety straps on infant feeding chairs. The investigation revealed that the worker responsible for Gauna's baby did not understand that not using safety straps posed an injury risk, as it was common practice at the daycare to neglect their use. Shockingly, the worker also lacked formal childcare training, having only completed a brief 4-hour orientation at the center.
As a result of this investigation, A Child’s Place received three citations for violating childcare licensing laws: not demonstrating competency or good judgment, failing to secure infants in highchairs with provided safety straps, and inadequate supervision. Disturbingly, video footage from the incident revealed another child climbing into an infant seat and falling backward without anyone noticing.
Legal Action: The Button Law Firm Seeks Justice for This Texas Family
Russell Button, daycare and childcare injury lawyer at The Button Law Firm, represents the mother and her son in the lawsuit against A Child’s Place. "The continued negligence displayed at A Child’s Place is unacceptable,” Button stated. “This lawsuit is a stark reminder of the importance of safety protocols and thorough training in daycare centers. This baby’s suffering could have been prevented with proper supervision and care."
Learn More About The Button Law Firm
The Button Law Firm is a Texas-based personal injury law firm dedicated to advocating for children and their families. Our firm is committed to meaningful litigation that promotes safer communities across the Lone Star State. With a focus in daycare and childcare injuries, including abuse and neglect cases, bottle warmer burns, traumatic brain injuries, and catastrophic injuries, The Button Law Firm operates out of offices in Dallas, Houston, and Midland, serving families throughout Texas.
What Should You Do if Your Child Was Injured Due to Daycare Negligence?
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 abuse and neglect.
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. You can also reach a member of our team by starting a chat. Let us help you navigate this challenging time and ensure your family’s rights are protected.
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