Spring and summertime in Chicago are especially popular times to take young children to local parks and recreational areas. With the warm enjoyable weather, these are great spots to enjoy the sunshine and each other’s company with healthy exercise and outdoor activities. When not with families, many children are also enrolled in day camps through their local park districts, daycare facilities, and schools. In this way, they are playing with other children their age and provided with guardianship of trained professional adults. When parents entrust their children to these adults they believe that they will be cared for and watched after. However, it Is incredibly unfortunate when these caretakers breach their legal responsibility to watch after the children and intentionally or negligently cause them preventable injury, or even death, while in playtime under their supervision.
According to recent news by CBS Chicago, one mother is suing a daycare service after her five-year old son died in a playground accident. After dropping him off at daycare before work, she was contacted four hours later to learn the unfortunate news that her son died by choking from a jump rope that was hanging on outdoor play equipment.
Understandably so, the report notes that it has been hard for this mother to grasp how the daycare caretakers could have failed in protecting her son she entrusted to them. When minor children are in the custody of daycare, the daycare workers are acting as legal guardians. That is the entire reason parents take their children to daycares: so that the child may be supervised by adults and not be alone while the parent is away. As legal guardians, it is their responsibility to inspect for dangers, remedy the dangers, and keep the children from the dangers. It could be argued that the hanging jump rope should have been discovered and removed, and that had the daycare not been negligent in doing so, the boy would not have been killed by this danger.
In fact, according to the same report, the Indiana Family and Social Services Administration closed the facility citing a lack of supervision surrounding the boy’s death. Just weeks before this incident, inspectors discovered six violations at this facility. These included lack of background checks for two works and a failure of the facility to report abuse. Under the law, it is mandatory to report abuse of children.
Our attorneys empathize with the mother and family of this young boy. It is unfortunate that incidents like these are so common. However, playground and daycare accidents are not the only dangers that cause injuries to children. Other common causes include motor vehicle accidents, fireworks, ingestion of dangerous household products, fires, and swimming accidents. Our attorneys are experienced with lawsuits involving injuries and death of children. We have recovered millions of dollars in settlements for these young children and their families, including a $10 million settlement for a five-year old boy who was run over by a Chicago Fire Department truck while at play. If you are the parent or guardian of a child who has suffered personal injury or death due to another’s negligence, we may be able to be of legal help to do. Call us for a free consultation, and we would be happy to discuss your potential case with you.