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Day Care and Pre-School Negligence

Dropping a child off at a day care facility makes vulnerable even the strongest of parents. A mother’s biggest fear is dropping her baby off at the day care, only to receive a call later in the day that something has happened, or that there “is an emergency.”

Unfortunately, far too many times that call is received by a parent. Injuries at day care facilities can be physically and emotionally scarring, sometimes they even result in the death of a child. In many circumstances, tragic events are related to the actions or inactions of a facility. When a day care fails to act appropriately, the day care negligence attorneys at Levy Konigsberg, LLP are experienced in utilizing our civil justice system to seek and obtain compensation and accountability from those responsible.

The term “en loco parentis” refers to the legal responsibility of a person or an organization to take on the functions and responsibilities of a parent. When we hand our children off to a day care facility, it’s the facility’s and its staff’s function to act in the place of the parents. A day care’s responsibility with regard to your children starts long before your child is ever enrolled. Facilities are responsible for training and supervising the individuals they hire, and for properly screening those individuals before employing them.

Sometimes even the smallest details and what appear to be minor lapses in judgment or control have catastrophic effects. Take for instance a recent case involving a seven month old boy at the All In Family Child Care Services day care facility. On April 9, 2014, the little boy laid down for a nap during his lunch hour and was swaddled. When the facility’s staff attempted to wake him up an hour later he was found faced down and unresponsive. He was transported to a hospital, where he was pronounced dead, and an autopsy determined the young boy died of asphyxia due to smothering. Two years after his parents filed a lawsuit against the facility; a jury awarded $142,000,000.00 for past loss of companionship and society, for loss of future companionship and society, for past mental anguish, and for future mental anguish to the parents.

Our children are the most vulnerable among us. This heightens the level of care that providers must provide to keep our kids safe and secure.

If your child or a family member has been hurt at a day care facility, it is imperative that you speak with an experienced attorney that deals with day care negligence. The day care negligence lawyers at Levy Konigsberg, LLP are available to discuss any potential case that involves a facility or a provider that acted or failed to act in a way that hurt a child. Contact the lawyers at Levy Konigsberg, LLP for a free consultation by calling our 24/7 toll-free hotline at (800) 315-3806 or by submitting an email inquiry.
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