NO NEGLIGENCE ALLOWED
How Our Attorneys Held an Unsafe Day Care Accountable
In 2015, 3-year-old Benjamin*, was injured on the playground at day care and broke his left arm. The employees put a wet rag on Benjamin’s arm and didn’t mention the injury to his mother. The next morning, it had changed colors, so Benjamin’s mom took him to the emergency room, where they found out his arm was broken. It was put in a cast, and they had follow-up visits to ensure it healed.
was understaffed that day, and Benjamin was neglected yet again and broke his other arm. This time, the day care filed an incident report but still failed to tell his mom. Apart from his time at day care, Benjamin had never broken a bone or had any injuries.
Benjamin’s mom had enough. She called us to seek closure and ensure the day care was made safe for future families.
HOW THE BUTTON LAW FIRM HELPED
We filed a lawsuit for Benjamin’s family and guided them through the process. When we took the facility to court, they could not provide checklists to show how many kids were with each teacher on the day of the injury. So we knew they were exceeding the teacher-child ratio set by law. The day care’s defense? “Kids will be kids.” We sent our demands and kept up the pressure. Soon after, the case resolved, and we paid off all of Benjamin’s medical bills and created a settlement annuity that he will receive later in life. The case created awareness of the systematic failures at this day care, and we believe our work will make it safer for future families. If you or someone you know has a child in day care, please get your free copy of our guide for parents, “A 5-Step Guide for Parents Dealing With a Day Care Injury.” You can download it along with our other free guides instantly at ButtonLawFirm.com/reports.
Following the incident, the day care went against company policy and State of Texas requirements by allowing Benjamin’s teacher to file a report after the fact, despite knowing she didn’t see what happened. The day care was cited by the state for failing to notify a parent that their child was injured and for not completing an incident report. Benjamin’s mom understandably assumed the explanation the day care gave was true — “Kids will be kids.”
Fast forward two years to the summer of 2017, when 5-year-old Benjamin was playing at the same day care with older kids. The facility
*Name has been changed to protect the child and his family.
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