Day care center faces lawsuit for negligence following child’s death

by Charles Miller

The parents of a young girl who died suddenly at a Southwest Houston day care center in February have filed a lawsuit against the day care center where their daughter died. The lawsuit alleges that three-year-old Rayne Stanley was left alone in a bathroom at the Kidizone Academy day care even though she suffered from chronic asthma and had an attack hours earlier. An official autopsy listed the cause of death as bronchial asthma.

Approximately two-thirds of infants in our country are in child care, and more than 30 percent of those children are in child care full time. The most recent study of child fatalities in child care, Fatalities and the Organization of Child Care in the United States, 1985-2003 (Wrigley & Dreby, 2005) came to several conclusions, including:

  1. In child care settings, infants are especially vulnerable to neglect, abuse and death;
  2. Child safety in family child care homes could be improved by requiring licensing for more family child care programs; and
  3. There is a national need for increased training and professional support for family child care providers.

A day care facility owes a duty to take reasonable measures to ensure that a child is safe and protected. Common examples of daycare negligence include: failure to properly supervise children on play equipment, failure to properly protect children from dangerous areas or objects within the facility and failure to provide proper medial treatment or properly respond to a medical emergency.

Heygood, Orr & Pearson Fighting for Children and Families

If you believe that your child has been a victim of daycare negligence, you need an experienced, educated attorney on their side. You also need an attorney with the financial resources to take the case to trial.

For your free case evaluation and to learn more about your legal right to compensation, contact the lawyers at Heygood, Orr & Pearson. You can reach us by calling toll-free at 1-877-446-9001, or by filling out our free contact form.


Case results depend upon a variety of factors unique to each case. Results of other cases do not guarantee or predict a similar result in any future case.

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by Charles Miller

Charles Miller is a licensed attorney and a partner at Heygood, Orr & Pearson. Charles focuses his practice on areas of complex commercial litigation and personal injury litigation.