Was your child injured from choking on something while they were at a day care? Did your child die from a choking incident due to negligence by a day care employee, classroom teacher, or babysitter? Losing a child is tragic enough, but what makes it worse is knowing that the accident could have been prevented. Unfortunately, far too many choking deaths among kids are based on careless behavior by an adult, which is unacceptable at places that are in charge of babies and children.
Places like preschools and day care facilities should have choking prevention measures in place, along with adequate supervision and employee training. Sadly, many child care providers are negligent in their duty of care, which is why these entities may be sued if a child dies or suffers an injury from choking.
Aside from a day care center, here are some other places where children can end up choking on food or a foreign object:
- Preschools and Pre-K programs
- Classes for children (music classes, Gymboree, Mommy and Me classes, etc.)
- At home of parents (kids taken care of by babysitters, nannies, or au pairs)
The child choking accident injury lawyers of Normandie are ready to answer your questions and help you decide on the best course of action if your child has been injured from a choking accident. We also have a dedicated team of wrongful death lawyers, who can help you file a claim and obtain the damages you are entitled to under California law.
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Causes of Choking Injuries and Deaths among Children
Among children, food accounts for over 50% of all choking injuries. But there are plenty of other objects that babies and children can fit in their mouths. That’s why day care workers, babysitters, and other people that work with kids must keep an eye out for the following choking hazards:
- Foods like peanuts, gumballs, raisins, hot dogs, grapes, and hard candies (in children under 4 years old)
- Toys with small parts
- Buttons
- Coins
- Screws, bolts, and other small pieces of hardware
- Marbles
- Small batteries (watch batteries, for example)
- Pieces of pet food
- Fridge magnets
- Cords (particularly cords on blinds)
- Plastic bags
Suing for Negligence by a Day Care Provider
Day care centers are supposed to be safe and nurturing places for children. However, hazardous conditions and lack of supervision can lead to a tragic accident, like a baby or child choking on a foreign object. There are safety standards that day care and preschools must follow in order to prevent the possibility of choking in a child. These include supervising children during meals and making sure they are not running, playing, or walking around while eating.
However, there’s no denying that careless or reckless conduct is responsible for many injuries to children while they’re at a child care center, indoor play space, and even in our own home if there is negligence by a nanny or babysitter. Lack of supervision and poor employee training are the most common forms of negligence in these cases. But inadequate hiring practices by the day care agency can also result in a child choking death or injury incident. These include a failure to check references and conduct thorough background checks prior to hiring someone.
No matter the circumstance, it’s essential to speak with a lawyer right away, who is experienced in child choking deaths and bodily harm from a choking accident.
What are These Cases Worth on Average?
A choking death due to negligence in child day care and preschools can settle for $1,500,000 to $5,000,000. Cases for injury may be settled for anywhere from $60,000 to $250,000, though values can be higher if there are permanent complications. Please note that these are estimates, and your own case value depends on your child’s injuries, the cause of the incident, and many other factors. Though we can provide you with possible settlement amounts, it’s in your best interest to schedule a free consultation if you’d like to find out how much you can receive from a child day care choking death or injury lawsuit.
How Long Does it Take to Settle a Child Choking Injury or Death Lawsuit?
As with case value, there are many issues that will determine how long it will take to settle a child choking lawsuit. However, wrongful death lawsuits often take 1 or more years to settle. Claims involving health complications from choking may be settled in 6 months, though it really depends on the severity of injuries and the party you are suing.
A day care agency or day care franchise, for example, typically has skilled insurance adjusters and attorneys to represent them, so it can take longer to negotiate a settlement award. We would say that the majority of these cases will take 12 to 24 months from start to finish. At some point, it may be decided that taking your case to trial is the best option. This is very rare, and it’s worth noting that less than 5% of these lawsuits are tried in court. But the need for a trial will increase the amount of time to recover a child choking death settlement award by one or more years.
Statute of Limitations to Sue for a Child Choking Death
The time limit to sue for a choking death due to negligence by a day care or any other entity is 2 years form the date of the victim’s passing. If your child has suffered a choking-related injury, you have 2 years from the date of injury to file a lawsuit. There are limited circumstances where the courts can extend the amount of time to sue for personal injury or wrongful death. But extensions are very difficult to obtain, so we suggest that you take action on a claim as soon as possible. A child choking attorney at our office can guide you through the available legal options and ensure that the responsible individuals are held accountable for their negligence.
Contact Our Law Firm
Some cases of choking are tragic accidents where no one is to blame. But the vast majority of child choking incidents are completely preventable. If you are the parent of a child that choked on food or a foreign object due to someone else’s negligence, please take some time to learn about your rights and legal options.
If filing a lawsuit is right for you, our legal team will represent you at no upfront cost, meaning you pay $0 out of pocket for the entire duration of your case. With the Zero Fee Guarantee, all our payments are covered by the other party as a condition of winning your case. If we fail to recover your compensation award, you won’t be responsible for any legal fees.
To speak with a child choking wrongful death or injury attorney, contact our law firm and schedule a free case evaluation.
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