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Daycare Accidents Resulting in Wrongful Death

Jan 30, 2023 | Wrongful Death

You watch daycare accidents happen on the news and believe your family would never experience something like this. You have after all carefully analyzed your daycare choices. Also, you chose someone who has a license, has a good track record, and has every reason to believe in them. Before anything happens, you may have even used that daycare center for years.

You could feel misled, perplexed, and unsure of your future steps after losing a child. You are aware that the daycare was negligent or abusive, whichever the case may be. A claim against the daycare prevents other children from suffering the same fate, even if no amount of money can replace your kid or make up for their loss. Additionally, it aids in your financial recovery.

What Can Cause the Daycare Accidents?

Daycare staff has a duty of care to ensure the safety and well-being of the children in their care. If they fail to provide proper supervision, fail to address hazards or fail to provide appropriate medical attention, it can result in wrongful death.

Also, daycare staff may engage in misconduct that directly causes or contributes to the death of a child. Examples of misconduct include abuse, neglect, or failure to follow safety protocols.

In other cases, a daycare facility may be poorly maintained or inadequately equipped to provide safe care for the children. This can include a lack of proper fire safety equipment, a lack of secure fencing, or a lack of appropriate medical equipment.

To prove a wrongful death claim and award damages to the family, some essential factors must be present. These components include:

  • You and your child owed the childcare center a duty of care
  • The daycare center violated the owed duty of care
  • Your child’s death was brought on by a failure to exercise reasonable care
  • The loss of your child caused harm to your family

What are the Damages and Consequences?

The families of the child who died will likely suffer emotional and financial losses. They may also have to deal with the legal process of pursuing a wrongful death claim. The daycare facility may also face legal consequences, including fines, penalties, and possible closure. In addition, wrongful death can also lead to negative publicity for the daycare, which can harm the reputation of the daycare and lead to a loss of business.

In a wrongful death claim, you might get the recovery for the following damages:

What Should You Do to Prevent Daycare Accidents?

Properly train and supervise daycare staff to ensure they can provide safe and appropriate care for the children. As well as regularly inspect and maintain the daycare facility to ensure that it is safe and in compliance with all applicable laws and regulations. Implement strict safety protocols and procedures to be followed in case of an emergency.

Contact Attorney Today!

Daycare accidents is a tragedy that should never occur. Daycare facilities need to take all necessary precautions to prevent such incidents from happening. Families should be aware of the potential risks and do their due diligence when choosing a daycare for their children. Ultimately, the safety and well-being of children should be the top priority for all involved.

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