Two-Year-Old Jordan Smith Suffers Third Degree Burns at Lil Rascals Learning Center in Mesquite; Located at 2424 Baker Drive

On March 27, 2013, two-year-old Jordan Smith received third degree burns to his right hand when Johnnie Brown, a former employee of Lil Rascals Learning Center, washed his hands. The abusive incident began when Jordan had an accident in the bathroom, and ran into the classroom to Brown, seeking help to clean himself up. Surveillance footage shows Brown sending Jordan back into the bathroom alone; after scolding and hitting the little boy. Jordan Smith was left unattended in the restroom for another fifteen minutes, before he came back out; completely naked this time, when Brown proceeded to wash his hands. Also evident in the surveillance footage is the emphasis Brown places on Jordan’s right hand after washing them. After studying the burned hand, Brown is seen wrapping the boy in a towel and leaving the classroom; where the remaining two-year-olds were left unattended for over ten minutes before another care giver arrived. Reports also note that 911 was never called for the burn incident, and the child did not receive emergency medical care immediately following the accident. Below is a map that depicts the location of the daycare, followed by a video with further details of the injury the child sustained; courtesy of WFAA:

 


View Larger Map

 

 

 

Legal Commentary

The abuse this young boy received at a state licensed and certified daycare is absolutely appalling. Because of the careless negligence Johnnie Brown portrayed in this classroom towards Jordan Smith, this young boy will now have to live with severe scarring, as well as negative psychological effects from this incident for the rest of his life. Considering the severe third degree burns Smith suffered to his hand, the child could potentially undergo skin grafts, and will likely be required to wear a protective pressure glove to reduce scarring and deformities of his hand as the burn heals. While felony charges have been filed against Johnnie Brown and the Lil Rascals Learning Center, it is important that Smith’s mother also file a civil claim against the former employee and the daycare center. Filing a civil claim for her son’s personal injury, pain, and suffering will help Smith’s mother receive the financial resources necessary for the expensive medical bills and therapy that accompany severe burns like Jordan’s, and will ensure that this family does not have to pay out-of-pocket for any medical treatment. If you or a loved one have experienced a severe injury as a result of someone else’s negligent conduct, the successful personal injury attorneys at the Fears | Nachawati Law Firm can provide you with the exceptional guidance and legal representation necessary to affectively pursue a claim against the responsible party. To schedule a free consultation, click here, or call our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in general personal injury claims, negligent childcare accidents, work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic motor vehicle accidents, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Mother sues for change after daughter's near drowning on daycare fieldtrip

An Arlington, Texas, mother is suing a daycare center after her daughter’s near drowning last year on a daycare field trip.

 

In 2008, Kyla Shellman, now 7, went on a field trip to an aquatic center with her then daycare Children’s Palace Christian Learning Center. During the field trip, Shellman fell into a 12-foot deep pool where she nearly drowned.

 

Shellman’s mother, Kendralyn Jessie, says that she noted Shellman’s inability to swim on the field trip permission form. Jessie also adds that she was led to believe the field trip was to a “splash park.”

 

Child Protective Services says that there was a lack of supervision during the trip. CPS also adds that Shellman was “placed in a situation that could have led to [her] death.”

 

Jessie is suing for change. She wants to see daycare center violations left online for a longer period of time so that parents can make a more informed choice when selecting care for their children.  Along with Shellman’s accident, Children’s Palace Christian Learning Center has close to 30 violations.

For more on this Arlington, Texas, lawsuit, click here to read the full story.

 

If you or a loved one has been injured due to the negligence of a third party, contact Fears | Nachawati today. We’re available by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

Why Handling Your Own Personal Injury Claim is a Terrible Idea

Potential clients involved in an accident or injury claim that seek legal help or free advice from my law firm frequently ask this question--If I hire a lawyer and have to pay attorneys' fees, won't I end up getting less money in the end?

Nothing is guaranteed--however, I cannot remember a time when I had a client who, at first, was handling a claim on their own or was just about to settle with the insurance when they came to me with many questions and reservations about hiring a lawyer.  They trusted our law firm, and it proved to be worth it in the end.

A couple of questions should come to your mind (1) if you were in need of surgery, would you try to do the surgery yourself ? , (2) do you really have what it takes to take on Big Insurance and an insurance claims adjuster who handles thousands of claims a year?

Remember, the insurance adjuster is not under oath when they are dealing with you and they are frequently trained to do absolutely everything in their power to deny your injury claim or pay you as little as possible.  If you are thinking if it does not work out, I can always hire a lawyer later--think again. Commonly, people come in after trying to handle their injury claim with the "do it yourself" approach by giving the insurance company a statement unfavorable to their claim and missing crucial damages they are entitled to under the law. 

If you have an injury lawyer or law firm who works your claim diligently and aggressively, your decision to hire a lawyer is more often than not worth the time.  While most people are concerned about their property damage, I remind potential clients that vehicles can always be replaced, but you only get one body during your lifetime, if you do not look out for your health, who will?

Abraham Lincoln once said, "A man who represents himself has a fool for a client."  If you have legal questions or need help or need legal advice with your personal injury claim, feel free to email or call me - mn@fnlawfirm.com or 1.866.705-7584. 

 

Preventing Playground Injuries

 

In a sadly ironic twist, more than 200,000 children ages 14 years and younger visit U.S. emergency departments each year as a result of accidents that occur at destinations intended for fun: playgrounds at home, at school and in public areas.

Doctors at Texas Children's Hospital emphasize there are more measures parents and caregivers can take to increase the odds of a healthy recreational experience for youngsters, from the playground's initial design to its everyday use.

Planning Your Playground

"Once the playground is isolated from nearby streets, an efficient layout is essential," says Dr. Paul Sirbaugh, an emergency medicine services physician at Texas Children's Hospital and assistant professor of pediatrics at Baylor College of Medicine, Houston, Texas. "Some areas will naturally be more popular than others, and should be separated to avoid congestion. It's safer if active play zones are set apart from calmer spots. Because user age is also a consideration, areas for older children need to be placed away from areas with younger kids."

Dr. Sirbaugh recommends careful selection of play components in a pattern that provides ample space to enter and exit the equipment. "Avoid any equipment or accessory made with angles or openings that could trap or squeeze any part of a child's body," he says. "Install guardrails on elevated platforms, and select sturdy hand grips that are specifically designed for use by children."

Proper Upkeep

Once playground equipment is assembled and installed according to the manufacturer's directions, regular inspection and maintenance are critical. "A seemingly minor glitch such as a missing bolt, rusted hinge, worn chain or rotten beam can signal an accident waiting to happen," Dr. Sirbaugh says. "Likewise, careless litter – cans, glass or wires – can cause or compound an injury. The same is true of environmental nuisances such as exposed roots, loose rocks or standing puddles."

Because falling is a contributing factor to about 70 percent of playground injuries, Dr. Sirbaugh says supple surfaces, such as wood chips or sand, are optimum and should be refreshed as needed. "Hard surfaces with no 'give,' such as asphalt and concrete, are dangerous," he says. "Soil, grass and dirt may look attractive, but their cushioning qualities will diminish with time and weather."

 

If you or a loved one has a child injured, contact our law firm for legal help or free information concerning your legal options.  Contact us toll free at 1 (866) 705-7584 or by email today to learn about your legal options or to see if you have a case.

Four Month Old Dies at Overcrowded Denton Day Care

Late this afternoon, Candace Carlisle reported in the Denton Record Chronicle that a home-based day care in Denton had more than twice the number of children it was allowed by law when a 4-month-old girl died there this week, a state investigation shows.

Too Kool 4 School Kids Club Day Care in the 2200 block of Palomino Court is closed pending the outcome of a state investigation. The center received a permit in August and had a capacity for 12 children, said Marissa Gonzales, a spokeswoman for the state’s child care licensing division. Thirty children were inside the facility when the girl died Wednesday afternoon.

The Tarrant County medical examiner's office has since identifed her as Sophia Worsham of Denton. A child care worker was sitting with Sophia on the floor, went to pick her up so she could answer a knock at the door, and noticed the baby was limp and not breathing, said Denton police   Ryan Grelle.

The infant was later pronounced dead at a nearby hospital. There were no signs of foul play and criminal charges probably will not be filed for the death, Grelle said. Police are awaiting autopsy results from the medical examiner’s office. The licensing agency is investigating allegations that the center was shuffling children back and forth with another day care facility.

All too often day care attendants leave babies unattended for a short period resulting in a tragic accident or death.  Often times, a claim for negligence may arise in situations where toddlers are at left alone or a daycare's superviser neglects a toddler or a chidren's welfare.

The Fears | Nachawati Law Firm has had successful experience representing loved ones of children injured or neglected while in the care of a daycare facility.  For more information, call our attorneys at 1.866.705.7584 or email for help at mn@fnlawfirm.com.

The Dallas Morning News staff writer Joanna Cattanach contributed to this report.

The full article can be read here: 

http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/011009dnmetdaycaredeath.be8e7ac.html