Child Dies of Severe Head Injury at New York Daycare

A New York toddler died earlier this month after sustaining a severe head injury at an in-home daycare, according to People Magazine.

According to authorities, the 24-year-old caregiver allegedly hit the child’s head against the edge of a table. It has not been confirmed whether she hit his head intentionally or not, but she was charged with first-degree manslaughter and is awaiting trial.

The injured toddler, 23-month-old Lennox Santiago, was rushed to a local hospital after the caregiver called 911. Santiago underwent brain surgery for his severe head injury but died two days later.

Tragedies like this one do not happen often in daycare facilities, but unfortunately, they do occur occasionally. While taking legal action will not heal your family’s emotional pain, it could provide a path to compensation for medical bills and for seeking justice against the person who injured your child.

There are a number of different types of daycare facilities in the U.S., but each one is expected to provide a certain duty of care to the children they are entrusted with. Whether it is a childcare center in a church, a preschool, after-school care, or family childcare in the provider’s own home, the caregivers who are running the facility are expected to provide a clean, safe environment for the children. When this trust is breached and tragedy occurs, the parents will likely want to take legal action.

Steps to Take if Your Child Is Injured at Daycare

If your child was injured at a daycare, there are a few basic things you should do immediately following the injury.

First, seek medical attention, especially if the injury is life-threatening. Personal injury lawyers recommend consulting a doctor so they can officially document your child’s injuries. This written report could be useful later on if you choose to take further legal action or go to court.

Next, be sure the daycare provider fills out an official report documenting what happened. If needed, file a police report as well, because this will add extra documentation to your case.

Should you choose to take legal action against the daycare provider, you will need to prove that they were liable for the accident. A New York personal injury attorney can help build your case and guide you through this process. It is likely that the daycare facility will have some sort of insurance policy designed to protect them in case a child is injured on their watch. An experienced personal injury lawyer can negotiate firmly on your behalf to get you the compensation you deserve.

Your legal team will need to prove:

  • The daycare provider had a duty to protect your child from injury
  • The daycare facility violated this duty
  • The breach caused your child’s injuries
  • The injury must have been foreseeable by daycare staff or management
  • The nature of your child’s damages and the approximate cost of treatment (estimated medical bills, past and future)

Contact a New York Daycare Accident Attorney

If your child suffered a severe injury at their daycare, you might want to take legal action against the provider who was negligent toward your child. Call the attorneys at Hach & Rose, LLP today for a free consultation. Our caring team has years of experience handling daycare injury cases and wants to help you, too. Call us at (212) 779-0057 or reach out online to discuss your legal options today.

Comments

Post a Comment

Popular posts from this blog

What’s in Your Kitchen?  Whoopie Pies, Drinks, Raisins, and Chickpea Salad

What’s in Your Kitchen? MakeFoodSafe.com would like to help you keep your family safe from unsafe foods.  Each week we bring together a list of the current recalls.  Some recalls are issued due to undeclared allergens, which could cause serious or life-threatening allergic reaction if someone sensitive to the product consumes it.  Other recalls are issued due to contamination with harmful material or other health risk.  Check back often and evaluate your fridge, pantry, and shopping list to make sure you can identify which foods to avoid. Stewart’s Shops Corp Recalls Cranberry Apple Refresher Due to Undeclared Allergen Stewarts Shops Corp of Saratoga Springs, New York issued a recall on October 17, 2018 for their approximately 2,300 units of Cranberry Apple Refresher due to the undeclared allergen, milk.  Those with an allergy or severe sensitivity to milk risk serious or life-threatening allergic reaction if the product is consumed. The recall was initiated...
Read more

Injury Data Reveals Infrastructure Need for E-Scooter Riders in NY

The uptick in electric scooter riding in New York City has come with a slew of complications, including a rising number of scooter-related injuries . New York City leaders and scooter company officials alike are weighing their options for creating a safer transit environment for these e-scooters. One recent report suggests that the most promising option is to create more third-lane, or bike lane, options for electric scooters. This report, compiled by the Insurance Institute for Highway Safety (IIHS), found that most people who are injured in scooter accidents were riding on a sidewalk at the time of their accident. Their research suggests that scooter riders often do not feel safe enough to share the road with cars, so they opt for using sidewalks when bike lanes are not available. While this may keep scooter riders safe from colliding with vehicles, it puts pedestrians who use sidewalks at a greater risk. The data show that three out of every five scooter riders who were injured s...
Read more

Food Safety Better at Fast Food or Full-Service Restaurants?

When you go out to eat, there is a level of trust you are putting in the hands of the people who are preparing your food.  There are regulations in place, health department inspections, and a cleanliness factor you expect of a food establishment.  But the bottom line is, a large number of foodborne illnesses occur as a result of eating at a fast food or full-service restaurant establishment.  According to the FDA Report on the Occurrence of Foodborne Illness Risk Factors in Fast Food and Full Service Restaurants, 2013-2014, prepared by the FDA National Retail Food Team, “Consumer demand for food away from home has led to increased spending in both fast food and full-service restaurants.”  According to the study, there are over one million restaurants employing more than 14 million food service workers. So, food safety as it related to fast food and food service is a thing. Food borne illness is serious.  According to the Center for Disease Control and Preventi...
Read more