The accidental death of a three-year-old child at a Head Start program in Dearborn Heights, Michigan, has prompted a $10 million lawsuit. The lawsuit alleges that the death could have been prevented with the exercise of reasonable, ordinary care.
The young child was playing in a gymnasium, near a wall where decades-old retractable lunch tables affixed to the wall were folded up. Without warning, the incredibly heavy tables came loose, opened up, and in the process, crushed the three-year-old child. As the lawsuit explains, the tables were not properly secured, had fallen into disrepair, and had not been used in the past several years. It is alleged that the tables crashed open due to failure to properly inspect the tables.
Wrongful Death Liability
When a death occurs as a result of the negligent or wrongful act of another, surviving family members may be able to file a lawsuit for wrongful death. Generally, a parent, child, or spouse, of the deceased, will be able to file a lawsuit, however, depending on state law, other relatives may also have legal rights too.
When it comes to potential claims for wrongful death, individuals would be wise to consult an attorney at the earliest possible time. Time limits to file a claim may vary from state to state, and there is a very real potential for the loss of evidence over time. Hiring an attorney early on can allow relatives to grieve, while allowing a professional to deal with the legal claim.
When it comes to a daycare or childcare facility, including preschools and Head Start-type programs, the question of injury liability can often be difficult. Not all injuries are the result of negligence, and not all injuries will result in legal claims. Frequently, injury attorneys will provide free consultations where they may be able help you decide whether or not you have a strong case.
However, it should be noted that childcare facilities generally cannot require parents to waive their children's rights via a liability waiver.