Lawsuit: Marshall Mom Blames Daycare for Infant's Second-Degree Burns

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Nov 07, 2023, 09:19 ET

Negligence and disregard of child safely laws by staff at Ms. Anita's Academic Center resulted in the injuries, claims suit filed by daycare injury attorneys at The Button Law Firm

MARSHALL, Texas, Nov. 7, 2023 /PRNewswire/ -- A Marshall mom is furious that her 11-month-old daughter experienced second-degree burns on both feet while in the care of Ms. Anita's Academic Center in August 2023. Ashley McMullen is now suing the daycare center, claiming the facility and its caregivers were negligent when they took her infant daughter outside in 104-degree heat and allowed her to walk barefoot, causing burn injuries to the soles of her feet.

A Marshall mom is furious that her 11-month-old daughter experienced second-degree burns on both feet while in the care of Ms. Anita’s Academic Center. Ashley McMullen is now suing the daycare center, claiming the facility and its caregivers were negligent when they took her infant daughter outside in 104-degree heat and allowed her to walk barefoot, causing burn injuries to the soles of her feet. Texas daycare injury lawyer Russell Button of The Button Law Firm represents McMullen in the suit.

"I am heartbroken because my daughter's severe burns could have easily been prevented by common sense," says McMullen. "Everyone knows the Texas heat is dangerous in August, and these caregivers should know infants have particularly delicate skin. I am beside myself that Ms. Anita's Academic Center took my baby outside without socks or shoes."

The complaint states Ms. Anita's Academic Center promotes itself to parents like McMullen as a facility 'focused on kindness' and a place where 'honesty and accountability come first.' However, when it comes to safety, the daycare center's actions in this incident and its history of citations issued by the Texas Health and Human Services Commission tell a different story. Records show the facility was cited for 21 safety failures, including allowing unqualified workers to care for children, not properly supervising children, and workers not completing required trainings, between May 2020 and July 2023, just one month before McMullen's daughter was injured.

"Hard working parents like our client expect Ms. Anita's Academic Center and other daycare centers to know and follow basic safety practices," says Texas daycare injury attorney Russell Button of The Button Law Firm, which represents McMullen and her daughter in this lawsuit. "This incident was preventable—if they had taken the proper care and used good judgment. We hope this lawsuit serves as a reminder of the essential role child safety regulations play in protecting little ones, like our client's infant daughter, at daycare centers."

The case is Ashley McMullen, Individually and as parent and next friend of T.M., minor child, vs. Ms. Anita's Academic Center; and Anita Lynn Taylor, Cause No. 23-1102 in the District Court of Harrison County, Texas. A copy of the complaint can be accessed here.

About the Button Law Firm
The Button Law Firm (buttonlawfirm.com) is a Texas-based personal injury law firm that advocates for children and their families in meaningful litigation to make local communities safer. The firm focuses on daycare and child-related injuries such as abuse and neglect cases, bottle warmer burns, traumatic brain injuries, and catastrophic injuries. With attorneys in Dallas, Houston, and Midland, The Button Law Firm helps families move forward across the Lone Star State.

SOURCE The Button Law Firm