The complaint continues that Just for Tots attempted to cover its tracks by giving the Magañas several false explanations for how the infant fractured her arm. The daycare center initially denied the couple’s request to view the full clip of the surveillance video that captured the daycare incident. When they were able to see the whole clip, the parents saw their crying infant trying to crawl, but her left arm giving out and her face nearly hitting the floor each time, according to the complaint. The suit states caregivers appeared to be ignoring the baby who was clearly in distress.

“We feel betrayed Just for Tots hurt our daughter and the adults charged with taking care of her had no remorse for their actions,” says Mariah Magaña. “The heartbreak of discovering the truth about our baby’s broken arm shattered our trust in Just for Tots and left us questioning the priorities of the daycare center, which were clearly not our daughter’s safety.”

The complaint continues that Just for Tots violated state childcare laws by choosing not to immediately contact the Magañas or emergency medical services or report the incident and infant’s injuries to the state of Texas. An independent investigation by the Texas Health and Human Services Commission Child-Care Licensing Division and the Texas Department of Family and Protective Services substantiated the Magañas’ claims and cited the daycare center for its caregivers failing to “demonstrate competency, good judgment and self-control.” Records show the facility was cited by the state 31 times for safety failures between November 2018 and September 2023. Three citations were issued following the June 2023 incident with the Magañas’ daughter.

“We are committed to holding Just for Tots accountable for its egregious behavior and actions towards our clients and their innocent infant daughter,” says Texas daycare injury attorney Russell Button of The Button Law Firm, who represents the Magañas. “This daycare negligence case involving an infant who is not even old enough to walk is difficult to comprehend.”

The case is Raul Magaña and Mariah Magaña, Individually and as parents and next friends of M.M., a minor child, vs. J4T, LLC d/b/a Just for Tots #4, Cause No. 23DCV342724 in the District Court of Bell 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