A SUNSHINE Coast mother is seeking more than $2.9 million in damages in Supreme Court proceedings against The Creche and Kindergarten Association Limited (C&K), alleging her then five-year-old daughter swallowed a button battery while attending C&K Maleny in 2021.
The woman, who is proceeding under a court-approved pseudonym, has filed a Statement of Claim in the Supreme Court of Queensland in relation to an incident at C&K Maleny.
According to the claim, the child came into possession of a button battery while under the supervision of the centre and ingested it without staff being aware.
It is alleged staff did not witness the incident, were unaware of what the child had swallowed, and contacted the child’s parents, after which her father transported her to hospital.
The claim states the child required emergency medical treatment, including surgery and transfer to Queensland Children’s Hospital, where she was placed in an induced coma for several days and remained an inpatient for several weeks. The child is alleged to have sustained severe internal injuries and required a nasogastric feeding tube for approximately two months following her discharge.
The mother alleges she was working in the emergency department of Sunshine Coast University Hospital at the time and unexpectedly received her own daughter as a patient in a critical condition. She claims the incident has resulted in post-traumatic stress disorder, including nightmares, intrusive thoughts, flashbacks and ongoing anxiety.
In her Statement of Claim, the plaintiff alleges the organisation breached its duty of care, as well as statutory, contractual and consumer law obligations, including by failing to adequately inspect the premises, maintain systems to identify and remove hazards, supervise children appropriately, and ensure staff were sufficiently trained to identify high-risk items such as button batteries.
The plaintiff’s lawyer, Travis Schultz of Travis Schultz & Partners, said the proceedings raised serious questions about safety systems in early childhood settings.
“This case is about whether adequate systems were in place to prevent a well-known and potentially fatal hazard from ever reaching a child,” Mr Schultz said.
“Button batteries are not a new risk. The dangers associated with them have been widely documented for years, particularly in relation to young children.”
Mr Schultz said his client was seeking accountability through the court process.
“She is seeking justice for what her daughter has endured, and for the profound impact the incident has had on her family,” he said.
In its Notice of Intention to Defend and Defence, filed on 28 November 2025, C&K disputes the allegations including that while the child swallowed a button battery “it does not know whether it occurred at or prior to her attendance at” the C&K.
The organisation contends the incident was not reasonably foreseeable and alleges the child’s ingestion of the battery was consistent with what it describes as “abnormal behaviour” known to the mother, including a propensity to place foreign objects in her mouth.
The defence claims this behaviour was not disclosed to the centre prior to the incident.
C&K maintains it had extensive safety protocols in place, including inspections and policies addressing button battery risks, and argues it took reasonable precautions in the circumstances.
The defence further alleges the plaintiff either voluntarily assumed the risk or contributed to the injury by failing to manage or disclose the child’s alleged behavioural tendencies. C&K also challenges the quantum of damages claimed, asserting they are excessive.
Button batteries are recognised as a significant safety hazard, with regulators warning ingestion can cause serious injury within hours. The Australian Competition and Consumer Commission has previously warned that approximately one child a month suffers serious harm as a result of button battery ingestion.
The proceedings are continuing.