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What Factors Are Considered When a Child Dies at a Day Care Center?

By David Wolf, Attorney
Published by Child Injury Lawyer Network


In West Virginia and other States, working parents rely on day care centers to provide timely and consistent supervision while the children are enrolled in the day care center. It is vital that due care and attention are provided by conscientious staff members who are trained in the area of child care and understand the risks and dangers to children. At times, a tragedy occurs while a child is under the care of a child care center or day care center. When a child dies while under the care and supervision of a day care facility, there typically is an investigation by the State agency that regulates and licensed day care centers, local police, and the medical examiner’s office. Factors that are considered in such an investigation may include the following:

Where did the incident take place in the day care center?

What was the age of the child?

Did the child have any ongoing or underlying medical conditions?

When was the last child seen alive?

Who was present in the day care center facility when the incident took place?

Were there any marks, bruises, or physical injuries observable on the child’s body?

What was the medical cause of death according to the medical examiner / pathologist?

Was the death preventable?

Would more timely medical care have prevented the death?

There are many other issues or challenges presented in a case involving a child’s death at a day care center. It is important that a thorough investigation is completed. In addition to governmental officials, the family of the deceased child can retain the services or contact a Child Injury Lawyer to further investigate the case and determine what civil actions (if any) can be taken to seek compensation and civil justice for the death of the child. Of course, each case should be evaluated on its own facts and circumstances to determine if there is a case of merit to pursue regarding the child’s death.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Day Care Center Injuries, School Injuries, Automobile Accidents, and other topics. You can get this book for free at The ABCs of Child Injury.

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