In February 2026, the family’s young daughter was enrolled at a licensed child-care center in The Woodlands. She was dropped off in the center’s care, with her mother trusting the staff to watch a small child closely on the playground.
According to the petition, the little girl fell from elevated playground equipment while in the center’s care. The petition alleges she was not properly supervised, whether because of caregiver inattention, too few caregivers for the number of children, or both. It further alleges the staff failed to take reasonable steps to prevent a fall that was foreseeable for a young child on raised equipment. The fall left a large, visible lump on her elbow.
What the petition describes next is the part no parent can accept: with an obvious injury and a child they could not calm, the center’s employees did nothing more than apply ice. They did not summon medical care. Her mother took her for emergency treatment, where doctors found that her elbow was fractured and would require surgery.
The center is a licensed Texas child-care center serving infants, toddlers, pre-kindergarten, and school-age children. Texas child-care rules require centers to supervise children at all times, to keep enough caregivers for the number and ages of the children, to provide a safe environment, to render aid, and to notify parents immediately of the severity of an injury. Those are the precise protections a small child on a playground depends on.
A young child on elevated equipment can fall and be seriously hurt; guarding against exactly that is a basic part of supervising a playground. The petition alleges the center failed to supervise and failed to keep adequate staff. It further alleges that, faced with a visibly injured, inconsolable child, the center failed to get her the medical care she plainly needed. We are pursuing the center’s incident report and injury records, its staffing and child-to-caregiver ratio records, its supervision and playground-safety policies, and any video of the fall and its aftermath, and we have asked the center to preserve all of it.
We represent the family and have sent the center a formal demand under the Texas Deceptive Trade Practices Act. We have prepared claims for negligence, gross negligence, and DTPA violations, including the failure to supervise, the failure to keep adequate staff, the failure to provide a safe environment, the failure to render aid, and the failure to notify the parent immediately of the severity of the injury. If the center will not resolve the matter, we are prepared to file suit in Montgomery County, and we are pressing it to preserve all records, footage, and incident reports.
A daycare does not get to take a family’s money to keep their child safe, let her fall and break her elbow, and then hand her an ice pack instead of getting her real help. We intend to hold this center fully accountable.
We represent the family and have sent the center a formal demand under the Texas Deceptive Trade Practices Act. We have prepared claims for negligence, gross negligence, and DTPA violations, including the failure to supervise, the failure to keep adequate staff, the failure to provide a safe environment, the failure to render aid, and the failure to notify the parent immediately of the severity of the injury. If the center will not resolve the matter, we are prepared to file suit in Montgomery County, and we are pressing it to preserve all records, footage, and incident reports.
A daycare does not get to take a family’s money to keep their child safe, let her fall and break her elbow, and then hand her an ice pack instead of getting her real help. We intend to hold this center fully accountable.
