During a storm on May 28, 2024, rainwater leaked into the daycare center by the door to the playground, creating a slipping hazard on the floor. According to the complaint, The Learning Experience's staff was aware of the danger, yet took no precautions to clean up the water, block off the area, or warn the center's caregivers and children. Hailey Scott and Christopher Mirzaie's 2-year-old daughter slipped on the wet floor, falling face-first into the ground and chipping a tooth. Her mouth bled so profusely it soaked her dress, and it continued bleeding for hours.
The lawsuit also alleges the staff at The Learning Experience downplayed the incident, even though an investigation revealed multiple caregivers at the center were admittedly concerned about the severity of the toddler's injuries. Instead of calling 911, the staff called Scott and urged her not to come to the center or seek immediate emergency care for her daughter, telling the mother the toddler was "doing fine" and only needed an ice pack, per the complaint. Ultimately, the toddler's mouth injury was so severe that one front tooth had to be extracted, and her other front tooth was permanently discolored.
"The Learning Experience failed our daughter in every possible way," says Mirzaie, the toddler's father. "No parent should have to learn their child's injury was far worse than described and help was never called. We want accountability and change so that no other family at this daycare center has to experience this heartbreak."
The complaint states The Learning Experience-Castle Hills had a pattern of breaking the state's childcare laws designed to keep children safe. An independent investigation conducted by the state's childcare licensing division cited the daycare center and its staff for not cleaning up or repairing hazardous conditions at the center and failing to use good judgment when caring for children at the facility. The year prior, the center was cited for failing to ensure its director and staff completed emergency response training such as Pediatric First Aid and CPR, per the complaint.
"This was not an unavoidable accident but the direct result of The Learning Experience ignoring a known safety hazard and failing to act to protect the children in its care," says daycare injury attorney Russell Button of The Button Law Firm, who represents the toddler and her parents. "A 2-year-old girl paid the price for that negligence, and we aim to hold The Learning Experience accountable, so this never happens to another child."
The case is Hailey Scott and Christopher Mirzaie, Individually and as parents and next friends of E.M., a minor child, vs. RS TLE McKinney, LLC, d/b/a The Learning Experience, Cause No. 199-05515-2025 in the District Court of Collin 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
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