The Rasansky Law Firm has filed a lawsuit on behalf of the mother of a girl who choked to death last year at a day care center in Dallas, Texas. According to the lawsuit, the 2-year-old choked on a small rock, unnoticed by the employees at a daycare in Dallas.
On October 31, 2008, the girl began choking on a small rock and collapsed inside the school. She remained unnoticed by school employees for 5-10 minutes, despite the gathering of other children around her. She was unconscious, her lips blue, by the time a teacher found her. The child died after she was taken to the hospital.
The Texas Department of Family and Protective Services (TDFPS) investigated the incident, finding evidence of neglectful supervision by both the teacher and the school’s owners at the time. According to the investigation report, TDFPS also found 20 violations of state-mandated requirements at the school, including deficiencies related to choking hazards.
Attorneys for the family assert that in addition to the neglectful supervision, the owners of the school sold the school in an attempt to take advantage of a loophole in Texas law that would prevent the release of the investigation results. Under state law, deficiencies and violations of day care facilities are listed on the TDFPS website for two years after the finding. If the school is sold to new ownership, however, the listings are removed. “We hope to play a part in bringing about change to this unfair loophole in Texas day care licensing,” says attorney Jeff Rasansky, “so that some justice can come out of this unimaginable tragedy.”
The Rasansky Law Firm, which specializes in day care injury claims, has filed a lawsuit on behalf of the child’s mother. The suit charges that the day care center failed to provide the minimum degree of competency and good judgment as required by state law, and seeks unspecified monetary damages and expenses.