The tragic death of a three-year old in Alpharetta last month has resulted in license revocation of the day care facility in which he was killed and the filing of a civil law suit by the child’s parents. The owner of the facility has been in business for 25 years. Her home serves as a day care center and is licensed by the Georgia Department of Early Care and Learning. The agency investigated the event that ended in the child’s death and based on that, noted that there were significant violations including dangerous conditions on the property. The allegation with regard to the child’s death is that part of a twine type cord was on the play yard swing and the child apparently was caught in that rope and essentially was asphyxiated. The child was left on his own for a short period of time when the tragedy occurred. Although the care giver contacted emergency support and applied CPR, the child ultimately passed away at a local hospital.
The owner of the center has appealed the license revocation. She will have an opportunity to present her case once the Office of State Administrative Hearings sets a date for her to tell her story and why she should be able to stay in business.
Sadly, this horrific death is not the first of its kind in the recent past. A child in England died in similar manner in 2012. She was caught in a rope that had been at the top of the slide. She as alone for 20 minutes and had passed away by the time she was found. It was her first day of nursery school. That center was also criticized for an alleged failure to follow safety rules. Both the facility and the care giver responsible for the child were taken to court. The nursery school was supposed to put ropes away when children were not playing with them and no child was to be on a slide alone. In that little child’s case, the physician stated that she might have been saved had she been found sooner.
The parents of the deceased child are likely to have claimed in their lawsuit that the day care giver and the center were negligent in allowing the child to be alone on the slide. They might have also made a claim for the child’s wrongful death. In situations in which a child or family member passes away due to the wrongful conduct or negligence of another person, specific family members may file a wrongful death against the wrongdoers. Essentially, they too are victims due to the loss of their loved one. And the deceased person not only loses the opportunity to live a longer life, but those in his or her family, for example a spouse, loses the income that the deceased partner would have earned in his or her lifetime which is set by experts in actuarial statistics. In Georgia, our laws permits a husband or wife, a child, parents or the next of kin or an heir can file a wrongful death action.
When a family member loses his or her life in an accident of any kind, the shock and pain is overwhelming. Families are able to get support when securing preeminent legal representation in a wrongful death case. These cases require the expertise of attorneys with a great deal of experience and success. Please contact Scholle Law for a consultation regarding your case at no charge. We are here to help families at the most difficult times in their lives and we are committed to fighting for our clients whose lives have been forever altered after a death in the family that could have been avoided.