Posted on Jun 18, 2024

Boy crying after a neglect incidentFAIRMONT, West Virginia – Channel 12 WBOY has shared how our team at The Button Law Firm is representing a family from Wichita Falls, Texas, in a significant case against Tadpole Children's Academy. The lawsuit stems from a disturbing incident in September 2023, when the couple's 5-year-old son was left unattended in a daycare van, raising serious questions about the daycare center’s compliance with Texas childcare laws.

Incident Overview – What Happened at This Texas Daycare?

The article from WBOY details Erick and Alexis Gardea’s claim that Tadpole Children's Academy endangered their son by failing to adhere to safety protocols mandated by state laws. According to the complaint, the incident occurred during a routine transport of children from school to the daycare center. The daycare's driver failed to ensure that all children had exited the van, inadvertently leaving the Gardeas' son behind. The child, who had fallen asleep, was locked inside the van parked in a nearby garage.

The terrified boy eventually woke up alone, crying and hyperventilating. He managed to exit the van and began banging on the glass doors of the parking garage. A passerby found the distressed child and escorted him back to the daycare center. Astonishingly, the daycare staff did not immediately inform the Gardeas of the incident. Alexis Gardea learned of what had happened only when she arrived at the center at the end of the day to pick up her son.

Legal Action and Previous Violations

The article shares further information, saying that the lawsuit emphasizes a pattern of negligence at Tadpole Children's Academy. The Texas Health and Human Services Commission Child-Care Licensing Division and the Texas Department of Family and Protective Services verified the neglect claims. Notably, the daycare center had been cited for a similar incident with another child almost two years earlier. It had also accrued twelve other citations for non-compliance with state daycare laws between July 2019 and June 2023.

Statements from The Button Law Firm and the Family

Russell Button, the daycare injury lawyer representing the Gardea family, expressed the gravity of the situation: "What happened to our clients' son at Tadpole Children's Academy was a clear case of daycare negligence and, sadly, was not an isolated incident. We are committed to reinforcing the importance of child safety and ensuring no other child has a traumatic experience at this facility."

The child’s mother shared her distress: "The fact that our son was left without anyone at Tadpole Children's Academy noticing and then was able to get out of the daycare van on his own and be found by a stranger is terrifying. Tadpole Children's Academy failed us and our child. He could have been kidnapped."

Advocacy and Community Impact

At The Button Law Firm, we are known for our advocacy for children and their families. This case underscores the critical need for stricter adherence to childcare laws to prevent such incidents. By pursuing legal action, we aim to support the Gardea family in bringing about changes that will enhance the safety of daycare environments and protect other children from experiencing similar neglect.

About The Button Law Firm

The Button Law Firm is dedicated to making local communities safer through meaningful litigation. With a focus on daycare and child-related injuries, our firm handles cases involving abuse and neglect, traumatic brain injuries, and other catastrophic injuries. With offices in Dallas, Houston, and Midland, The Button Law Firm serves families across Texas, advocating tirelessly for justice and safety.

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, chat with a team member, or fill out our 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.