No parent drops a kid off at a daycare facility and expects him or her to come home injured. However, accidents can happen at any time, and a child can suffer catastrophic injuries because of negligent daycare staff. This negligence can be intentional or unintentional and can result in a personal injury suit filed against the daycare facility.
An example of potential negligence occurred at the Linda Vista Children’s Center in Pasadena, California. A large tree limb fell outside of the children’s center and critically injured a two-year-old girl. Two other children, ages three and four, suffered minor injuries and were taken to the hospital and thoroughly examined.
The tree was located on the property of a former public school owned by the Pasadena Unified School District. A portion of the property, including where the tree was located, is being used by the city as a local park under an agreement with the school district. The children’s center has access to a section of the property that is adjacent to the local park.
Legal Questions Surrounding the Case
The parents of the critically injured child have every right to pursue legal options and should retain the services of an attorney who can help them figure out which parties to target when filing a suit. For example, the tree limb was on property owned by the Pasadena Unified School District. If an attorney can prove that the school district breached its duty of care by not taking care of the tree limb, and that the child’s injuries were a direct result of that breach, then the school district could be on the hook for a substantial amount of damages.
However, the children’s center shares a degree of responsibility in this case and could potentially open themselves up to litigation. Were the children allowed to be on or near the local park property? If the answer to this question is no, then employees at the children’s center had a duty to make sure that the children stayed away from that area. Also, there was a similar incident where a tree limb fell on a group of children at the nearby Kidspace Children’s Museum in 2015, resulting in critical injuries for two children. If the parent’s attorney can prove that the owners of the children’s center were aware of this accident, then he or she could have a strong case for proving negligence.
There are also issues involving the type of tree that caused the accident. Eucalyptus trees are vulnerable to a phenomenon called the “mid-summer drop,” which occurs in extremely hot weather and is caused by trees taking in an abnormal amount of moisture from the ground because of the loss of moisture in their foliage. The tree limbs start to gain mass because of the rush of water going up the trunk, making them vulnerable to breakage. These types of trees are not commonly grown in public areas, and if the school district or the children’s center knew this information they could be forced into a settlement.
Protecting Children From Critical Injury
Most middle class families are two paycheck households, meaning that both parents must go to work in order to pay their bills. While no parents look forward to parting from their kids, childcare is often the only option for the majority of working Americans. If your child has been severely injured at a daycare facility that is located in Pasadena, California or the surrounding area, you must contact Strassburg, Gilmore, & Wei, Attorneys at Law and book a consultation with a personal injury attorney who can assist you during this difficult time.