Posted On: August 17, 2009 by Pennsylvania Personal Injury Attorney

Pennsylvania Day Care Center Sued for Negligence

The parents of a toddler who died in the backseat of his caretaker’s locked minivan, sued the day care center in July, alleging negligence by those who “were under a legal and moral duty to provide competent and safe care.” According to this article in the Philadelphia Inquirer, the toddler was forgotten and left in the van for hours on July 1 when the temperature outside was more than 80 degrees. The temperature in the closed van could have been at least 40 degrees higher than it was outside.

By the time he was discovered outside the Fairy Tales Day Care Center in Penndel, Bucks County, PA, he was dead.

One of the defendants in the Pennsylvania wrongful death lawsuit is the family’s neighbor, an owner of Fairy Tales who drove the toddler to the day-care center but failed to take him inside. The police are weighing possible charges against the neighbor and driver. State regulators closed the center on July 7, but it reopened on July 10 after it appealed in court.

Many day care centers have policies for checking on an absent child, such as calling the parents. If this day-care center did have a policy like that, it did not follow it in this case because the family did not receive a phone call.

State regulators from the Department of Public Welfare have been trying to close the day-care center, citing safety and record-keeping violations.

When needless death such as this one occurs due to negligence of another party, Philadelphia wrongful death lawsuits can be filed. In these lawsuits, the decedent’s heirs sue the negligent party or parties for damages related to the loss of life and their own pain and suffering. It is recommended that families who think their family member’s death was wrongful first contact a wrongful death attorney for a case assessment. If the case is valid, the attorney can help investigate the claim, gather evidence, represent them in court, and collect the compensation they deserve.

The attorneys at Cherry, Fieger, and Marciano understand the devastating impact a Pennsylvania wrongful death can have on a family. They can help you find justice and compensation for your loved one’s death. Your case consultation with one of the Philadelphia, PA wrongful death attorneys is free of charge and completely confidential.