On October 4, 2021, the adoptive parents of an injured minor child, filed a petition in the Harris County District Court against Gladebrook Learning Group LLC d/b/a Linder Young Learners Academy (hereinafter “Defendant” and/or “daycare facility”). The adoptive parents assert causes of action for premises liability and negligence against the Defendant as a result of a fall incident that occurred at the Defendant’s daycare facility. The Defendant owned, operated, and/or managed the daycare facility at the time of the incident. The adoptive parents claim their minor child was seriously injured while playing at the daycare facility.
On October 20, 2018, according to the lawsuit, the minor child was seriously injured when he fell backward and hit his head while playing at a stationary activity center placed too close to the tile floor. The petition states that, the nine-month-old minor child “had not yet developed his upper strength, balance or postural control to safely play on the equipment without falling” and that the Defendant failed to properly hire and train its employees of the dangers associated with the use of the equipment and risk of serious injury as a result. The petition further includes claims that the Defendant failed to have adequate supervision and instruction to children while using the equipment at the daycare facility. The petition further asserts claims that Defendant failed to properly maintain, inspect and/or make safe the dangerous equipment for use by its patrons. According to the petition, the minor child suffered serious injuries, including a traumatic brain injury and injuries affecting his vision.
In the lawsuit, the adoptive parents allege the Defendant’s negligence at the time of the incident was a proximate cause of the incident and the minor child’s resulting injuries. More specifically, the parents claim the Defendant had a duty to exercise the degree of care that a person of ordinary prudence would have exercised under similar circumstances, in order to avoid the harm that came about. The petition asserts the Defendant breached this duty in its failure to inspect the premises, failure to make safe the equipment in question, failure to warn and/or instruct patrons of proper use of the equipment in question, and otherwise failing to maintain its premises in a safe condition. The adoptive parents claim that the Defendant failed to act as a reasonably prudent premise owner would act in the same or similar situation. The adoptive parents further assert that the Defendant’s negligence resulted in their minor child’s injuries and the damages claimed in the lawsuit.
The parents seek monetary relief over $1,000,000 for damages resulting from medical expenses both past and future, physical pain and mental anguish both past and future, physical impairment both past and future, and disfigurement both past and future, among others.
If you or someone you know has been injured as a result of the negligence of others, it is important to find a knowledgeable law firm to handle your claim. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the longest-standing personal injury firm in Texas, and our attorneys can assist you with your claim. Call us today at 713-222-7211 or toll-free at 1-800-594-4884.