In June 2025, the family’s child was enrolled at a licensed child-care center in Whitehouse, in Smith County. The child was dropped off in the center’s care, with the family trusting the staff to keep constant watch.
While the child was under the center’s supervision, the child suffered a head injury and an arm injury serious enough to require a trip to the emergency room for treatment. According to the petition, the staff responsible for the child could not explain how the injuries occurred.
The petition alleges the child was not adequately supervised. It points to caregiver inattention, too few caregivers for the number of children in the room, or a combination of the two. A child should not come home from daycare with a head and arm injury that no one there can account for.
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 maintain a safe environment, to render aid, and to notify parents promptly when a child is hurt. Those are the precise protections that should make a head-and-arm injury in care impossible to leave unexplained.
When a daycare is watching its children the way the rules require, it can say how one of them was hurt. Because that account does not exist, we are using the discovery process to get one. We are pursuing the center’s incident report and injury records, its staffing and child-to-caregiver ratio records for that room, its supervision and training records, any photographs and video, and its account of how a child in its care suffered a head and arm injury that no one can explain.
We represent the family and have filed suit against the center in Smith County. We brought claims for negligence, gross negligence, and violations of the Texas Deceptive Trade Practices Act, including the failure to supervise, the failure to keep adequate staff and proper child-to-caregiver ratios, the failure to provide a safe environment, the failure to render aid, and the failure to notify the parent promptly of the child’s injury. Discovery is underway, and we are pressing the center to produce its records, ratios, and footage and to account for how the child was hurt.
A daycare does not get to take a family’s money to keep their child safe, send that child to the emergency room with a head and arm injury, and have no explanation for how it happened. We intend to hold this center fully accountable.
We represent the family and have filed suit against the center in Smith County. We brought claims for negligence, gross negligence, and violations of the Texas Deceptive Trade Practices Act, including the failure to supervise, the failure to keep adequate staff and proper child-to-caregiver ratios, the failure to provide a safe environment, the failure to render aid, and the failure to notify the parent promptly of the child’s injury. Discovery is underway, and we are pressing the center to produce its records, ratios, and footage and to account for how the child was hurt.
A daycare does not get to take a family’s money to keep their child safe, send that child to the emergency room with a head and arm injury, and have no explanation for how it happened. We intend to hold this center fully accountable.
