A family in Arkansas has suffered the loss of a five-year-old boy after he was left on a daycare van in the summer heat. Family members told reporters that the daycare van from Ascent child care center picked up the child at 6:30 a.m. on Monday and that the van arrived at the day care around 7:15 a.m. The child, however, never made it off the van. Staff members found the child’s body sometime after 3 p.m. when they were loading students to go home.
West Memphis Police say that the temperature in the daycare parking lot exceeded 90 degrees on Monday. While it is unclear why the child remained on the van, law enforcement is investigating. The state agency which oversees and regulates daycares, the Arkansas Department of Human Services, is also investigating the child’s death. According to initial reports, two adults were on the bus but did not see the child.
I have represented many families whose children have been injured by a daycare. Unfortunately, the injuries that I see often occur while transporting a child. When daycare students are transported by a vehicle to or from a daycare facility, there are established rules and procedures the daycare must follow. Proper supervision of the children – including making sure all children have unloaded – is of paramount importance especially during the summer and winter months. These rules exist to prevent this type of tragedy that a family must now endure. Had the rules simply been followed, the child would likely be alive.
Based on the facts that we know, the family of the child likely has a strong civil lawsuit against the day care for wrongful death. A civil lawsuit against the daycare is designed to help the family recover money for the loss of the child and to punish the daycare for its conduct. To be successful in a daycare injury case, the family of an injured child typically needs to be able to show that the daycare acted negligently.
To show that a daycare was negligent, the family of an injured child is normally best served by hiring an experienced daycare injury attorney. When the family of an injured child hires me to represent them, I almost always take several steps before filing a lawsuit. I believe that doing the following things help my clients achieve the best possible outcome:
By hiring an experienced daycare injury attorney, the family of an injured child can recover a just amount of money for their child’s injury or death. The family of an injured child can also help to prevent future injuries by holding daycares responsible and changing their behavior.