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Florida day care center sued after child dies in its care

Day care centers undertake a lot of responsibility to keep children safe. When a child dies in a day care center's care, it is reasonable to think that it failed to do something to protect the child. A family in Homestead, Florida, recently filed a wrongful death lawsuit against the day care center where a 22-month-old toddler recently died.

The family recently held a press conference about the death of the young toddler. The family pleaded for more information about the death of their son. The mother and father were joined by the child's grandmother and the family lawyer. As the mother spoke with the press, she sat holding her son's blanket. While the family pursues the wrongful death claim, Miami-Dade police and the Department of Children and Families is looking into the matter. The day care center has voluntarily agreed to close during the investigation and the owner has promised the Department of Children and Families that it would give a three-week notice prior to opening.

On the day of the accident, the day care center had called for emergency responders after the toddler showed signs of distress. The emergency rescuers were unable provide any care, however, because the child was dead by the time they arrived. Oddly, the child was not found inside the day care center, but on the ground just outside of the day care's van.

Police are looking into the van and the transportation service as part of its investigation. The Department of Children and Families told the Miami Herald that only the day care's owner is authorized to drive children in the van.

The family also believes that the van played a role in the death of the toddler. The family is alleging that the child had been left inside the van, causing his death. The grandmother also noted that someone other than the owner of the day care was driving the children during the two weeks they had used the service. The temperature had reached the mid-90s on the day of the accident and it would have been even hotter inside the van.

Source: The Miami Herald, "Family sues day care in Homestead toddler's death," David C. Walter, July 14, 2011

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