Children under the age of 18 are considered minors and require proper supervision and care to protect them from injury, illness, or even death. When parents are unable to provide full-time care due to work or other responsibilities, childcare facilities and daycare centers can serve as helpful alternatives. These facilities are regulated by the government and are required to adhere to strict laws ensuring a high standard of care for children.
However, when a childcare facility fails to meet these obligations, the consequences can be devastating. Negligence in supervision, failure to provide basic needs, or inadequate safety measures can lead to severe harm, including fatal incidents. Wrongful death cases caused by childcare neglect are both tragic and deeply distressing.
This guide provides essential information about pursuing a wrongful death claim after the loss of a child due to childcare neglect, including common signs of neglect and how to connect with a wrongful death attorney in Los Angeles who can guide you through the legal process.
What Is Childcare Neglect?
Childcare neglect occurs when a daycare center or childcare facility, regulated by the California Department of Social Services (CDSS), fails to meet its responsibilities to provide safe and adequate care for children, leading to harm, injury, or death in the worst-case scenario.
Neglect can include the failure to provide basic needs, such as food, water, and hygiene, as well as proper medical care or supervision. This lack of care jeopardizes a child’s safety and well-being.
For example, a lack of adequate supervision around a pool, bathtub, or other bodies of water, is a frequent form of neglect, which can lead to drowning accidents.
Common Signs of Neglect
When a child experiences abuse or neglect, they may struggle to differentiate between right and wrong or may be unable to articulate their experiences. As a parent or caregiver, understanding and recognizing common signs of neglect and maltreatment can empower you to intervene at the right time and protect the child from further harm.
Common signs to look out for include, but are not limited to:
- Physical indicators of neglect. Malnourishment, persistent hunger, extreme third, or a lack of access to sufficient food and water.
- Poor hygiene. Unbathed appearance, strong body odor, unchanged diapers, or other signs suggesting neglect of personal cleanliness.
- Behavioral changes. Unusual aggression, withdrawal from social interactions, excessive fearfulness or anxiety, or a sudden change in personality.
- Medical neglect. Untreated illnesses, infections, or injuries that indicate a lack of adequate medical attention.
Children who experience neglect or abuse may also wear clothing inappropriate for the weather to cover up bruises or injuries, frequently miss school, or lack supervision, leading to exposure to unsafe environments or situations.
By remaining vigilant and responsive to these signs, caregivers can take proactive steps to protect their child’s well-being and seek professional help when necessary.
How to File a Wrongful Death Lawsuit for Childcare Neglect
Losing a child due to someone else’s negligence is a tragedy beyond words. During such a dark and overwhelming time, having an experienced wrongful death attorney in Los Angeles by your side is crucial. An attorney can handle the complicated legal work and documentation, allowing you to focus on grieving.
To prove that childcare neglect caused the wrongful death of a child, you generally must establish the following key elements:
- Duty of care. Childcare providers, such as daycare centers, have a legal obligation to provide a safe environment, ensure proper supervision, and meet the child’s basic needs. This duty is inherent in their role and serves as the foundation for a wrongful death lawsuit when violated.
- Breach of duty. Demonstrate that the caregiver failed to act reasonably and responsibly, such as leaving a child unattended for long periods, failing to secure dangerous areas, such as pools, stairs, or toxic materials, or ignoring the child’s health or safety needs.
- Causation. Establish a direct link between the caregiver’s negligent behavior and the child’s death. For example, if a caregiver left a toddler unsupervised near an open door that led to a busy street, and the child was fatally injured as a result, the lack of supervision would constitute causation.
- Damages. Prove that the negligence caused measurable harm, such as medical costs, funeral expenses, emotional suffering, or the loss of a child’s love and companionship.
Schedule a Free Consultation With the Best Los Angeles Wrongful Death Attorneys
By recognizing the common signs of childcare neglect and consulting with Los Angeles wrongful death attorneys when necessary, you can take steps toward securing the justice and compensation you deserve in the face of a tragedy.
Our dedicated Los Angeles wrongful death law firm works directly with insurance companies to identify the best compensation for surviving loved ones. This might include financial support to cover funeral expenses, loss of income, and the emotional loss of companionship.
John J. Perlstein has over 25 years of experience securing fair and just outcomes in wrongful death cases. He will ensure accurate compensation for surviving family members and clearance for those wrongly accused. Call (213) 583-5786 or fill out the form for a free consultation with a wrongful death attorney (Los Angeles).