Button Law - April 2020


Recently, we’ve been contacted about some truly heartbreaking situations where a child is severely injured due to being left to fend for themselves coming to and from the bathroom at daycare. Bathroom doors can be very heavy and difficult to maneuver for a small child, and when they are left to open and close it for themselves, their small fingers can get caught in the doorway. When the door slams shut, fingers can be cut off or maimed. As horrible as it sounds, we have talked to parents who have been through this nightmare with their child, and we want to make sure this never happens to your family. Many young kids lack the self-control and maturity to be left alone in the bathroom. Accordingly, it is essential for Texas daycares to do the following. • Supervise children in the bathroom. Children’s privacy should be respected. However, a qualified childcare provider should be in or near the bathroom to make sure that children are safe. Additionally, groups of children should not be in a bathroom unattended. • Provide safe bathroom facilities. For example, it is essential to have toilets and sinks that children can safely reach and to ensure that there is a way to unlock a bathroom door from the outside if a child can lock the bathroom door from the inside. Bathroom accidents are preventable. Talk to your daycare provider and ask questions to ensure they are meeting these minimum requirements to keep your children safe while they are there. Daycares should take reasonable steps to prevent these accidents from happening and to keep young kids safe from bathroom injuries.

It is the daycare’s responsibility to take reasonable measures to prevent these bathroom accident injuries while teaching children to use the toilet safely and independently. When they don’t do that, they need to be held liable. You send your child to daycare because they are too young to care for themselves. The daycare accepted the responsibility to keep your child safe when they agreed to enroll your child in its program. If that did not happen and your child was hurt in a bathroom-related accident, please contact us today to schedule an initial consultation about your child’s rights and potential recovery.


Russell’s trip to Todos Santos, Mexico



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