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Verdicts & Settlements: Premises Liability

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Unreasonably dangerous condition at day care center

November 21, 2019

Doe, 18 months, attended the Elite City Kids Childcare and Learning Academy. One day, she walked over to a bottle warmer and pulled on its cord, causing hot water to spill onto her right arm. Doe suffered first- and second-degree burns, necessitating debridement surgery. She now has scarring as a result of her injuries.

Doe’s mother, individually and on her behalf, sued Tri-Star Property, LLC, the premises owner, alleging liability for an unreasonably dangerous condition in close proximity to toddlers at the day care center. Suit did not claim medical expenses.

The jury awarded $180,000.

Citation: Smith v. Invictus Holdings, LLC, No. 2017-81728 (Tex. Dist. Ct. Harris Cnty. Aug. 20, 2019).

Plaintiff counsel: Thomas S. Rowatt, Houston.