Lawsuit: Smithville Daycare Safety Failures Caused 3-Year-Old's Severe Finger Injury

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Sep 05, 2023, 12:40 ET

The Button Law Firm claims Grace Lutheran Learning Center's negligence resulted in 11 stitches for young girl

BASTROP COUNTY, Texas , Sept. 5, 2023 /PRNewswire/ -- A 3-year-old girl needed 11 stitches to put her tiny finger back together after severely slicing it on a metal fence at Grace Lutheran Learning Center, according to a new lawsuit. The complaint alleges caregivers at the faith-based daycare center chose not to intervene or redirect the girl's play activity when she climbed on top of a rolling cart that was on the playground. Instead, they stood by and watched as the girl predictably fell off the cart, and, in an attempt to catch her fall, grabbed a sharp point of the playground fence and sliced her finger open. The incident occurred in March 2023.

A 3-year-old girl needed 11 stitches to put her tiny finger back together after severely slicing it on a metal fence at Grace Lutheran Learning Center, according to a new lawsuit. The state of Texas conducted an investigation into the incident and found Grace Lutheran Learning Center was at fault for many safety violations.

When Sandra Santos enrolled her daughter in daycare at Grace Lutheran Learning Center, she was led to believe their faith-based teaching promises equated to a safe and nurturing environment for her daughter, according to the complaint. However, she found that to be far from the truth following her daughter's preventable injury.

The state of Texas conducted an investigation into the incident and found Grace Lutheran Learning Center was at fault for many safety violations. These violations included the failure of caregivers at the daycare center to intervene in the child's dangerous behavior and negligence by the center for not maintaining the playground fences that were pointy and sharp. The daycare center previously received more than 20 citations from the state agency for failing to comply with safety laws created to keep kids in its care safe.

"A 3-year-old girl should never cut her finger to the point of almost losing it while in daycare," says Russell Button, a daycare injury attorney at The Button Law Firm who is representing Santos. "There was a lack of concern for child safety at Grace Lutheran Learning Center and by its caregivers, which is completely unacceptable. This lawsuit is a wake-up call to the center, which needs to be held responsible so other children do not get hurt."

The case is Sandra Santos, Individually and as Parents and Next Friends of V.S.E., a minor child, vs. Grace Lutheran Church of Smithville, Texas d/b/a Grace Lutheran Learning Center, Cause No. 2493-21 in the District Court of Bastrop 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