North Texas family sues child care center after toddler falls, loses tooth

A North Texas family is suing a Lewisville child care center after their daughter fell on a slippery floor and ended up losing her tooth, sustaining injuries that her parents say were preventable and the result of negligence.

Hailey Scott and Christopher Mirzaie filed a lawsuit on behalf of their 2-year-old daughter against The Learning Experience — Castle Hills on Friday. The family alleges that staff’s inaction led to their daughter falling face-first into the ground, causing a chipped tooth that would later need to be removed. The blood from the injury soaked into the toddler’s clothes and stained her face while she continued to bleed for hours, according to the complaint filed in the District Court of Collin County.

The incident happened in May 2024, according to the lawsuit, after rain leaked into the center by the door to the playground. The complaint also alleges the child care center failed to provide medical attention to the 2-year-old, who is referred to as E.M. in the suit, after her fall.

“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 family’s residence and the child care center are both in Denton County. The center is located 15 minutes northeast of Dallas-Fort Worth International Airport and southeast of Lewisville Lake. The center is one of over a dozen locations in the area operated by The Learning Experience franchise. It serves children from 6 weeks old to 8 years old and is open Monday through Friday from 6:30 a.m. to 6:30 p.m.

Representatives of the child care center did not respond to requests for comment by the Star-Telegram on Monday and Tuesday.

Parents say staff downplayed severity of injury

In addition to the toddler ultimately losing a front tooth “prematurely,” the girl “experienced discoloration of the other front tooth,” according to the lawsuit. A state investigation into the incident showed that staff were aware of the leak but failed to take measures to prevent children from going near the wet floor.

A copy of the state investigation report was provided to the Star-Telegram by The Button Law Firm. When the Star-Telegram asked the Texas Health and Human Services Commission to verify the authenticity of the report filed by the agency, a spokesperson said the agency does not comment on pending litigation. The Star-Telegram reviewed the report to check that it aligned with the claims made in the lawsuit.

The investigation report states that a caregiver said she cleaned up the water once but did not check the area again throughout the day. Cones were not placed to block off the area until after the toddler was injured.

An assistant director at the center told the child’s mother she didn’t need to pick her up early and said her daughter’s lip was “bleeding a little,” and she was “doing fine” after being given an ice pack, the lawsuit states.

“The investigation revealed that multiple caregiver employees were admittedly concerned with the severity of E.M.’s injury and believed she required emergency care — but no one called 911. Instead, in a call to E.M.’s parents, The Learning Experience downplayed the incident and injuries, assuring E.M.’s parents she was okay,” the complaint states.

The investigation report also notes Scott, the mother, took her daughter to a pediatric dentist, who said the daughter’s “two front teeth were displaced in her gums and chipped.” According to Scott, the dentist also voiced concern about the toddler’s adult teeth and “bone damage” that could be caused, according to the investigation report.

As a result of the state investigation, the center was cited for failing to clean, repair and maintain the environment to ensure the health of the children, according to the lawsuit. It was also cited for failing to demonstrate good judgment in the presence of children.

“The Learning Experience failed our daughter in every possible way,” Mirzaie, the toddler’s father, said in a statement. “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 parents are seeking over $1 million in damages, with the amount to be determined by a jury.

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Data from Texas Health and Human Services, a regulatory state agency that conducts inspections of child care centers, shows the latest inspection of the facility — conducted on Nov. 7, 2024 — found no issues. A separate inspection done about a week prior, though, showed a citation regarding food safety. Infants and toddlers were seen eating whole pieces of broccoli that were not cut up. Another citation showed a child not having an EpiPen available to treat their listed food allergy. Both citations were corrected, according to the state records.

Out of eight inspections done in total at The Learning Experience — Castle Hills in 2024, six were completed without citations being given, according to state records. Beyond the citations for failing to cut the broccoli into small pieces and failing to have an EpiPen available for a child, the citations given from the other inspection were issued because caregivers failed to wash their own hands after changing the diapers of two children. The children whose diapers were changed also did not have their hands cleaned afterward, according to the inspection record.