A default judgment was recently dropped, and a case will continue against a woman who ran a day care. The personal injury case began when a six-month-old baby girl died of suffocation after being left in a portable crib while in the woman's care. According to the claim, the woman is liable for the baby's death because she allowed the baby to nap in the crib even though it was not set up properly. This day care located in Palmyra Township, Michigan.
According to the suit, the mother claims that the baby suffocated because her face ended up lying against the playpen's nylon bottom. Because the baby was too young to position herself so that she could breathe, the woman says that the day care owner was negligent in leaving her alone in the portable crib. The accident occurred on the baby's very first day in the care of the woman.
The lawsuit also accuses the woman of failing to obey state rules pertaining to equipment and bedding. She also stands accused of breaking the rules on the number of kids that she was allowed to keep at one time and how the babies were supervised while asleep. These rules would apply to her group license for home day care.
The day care owner is denying the claim, but her license has been revoked by the Michigan Department of Licensing and Regulatory Affairs, pending an investigation. The mother is asking for the maximum amount allowed in the circuit court, $25,000. This would help pay for the costs of medical care and the baby's funeral.
Losing a child can be the most devastating event that any family could face. If that child's life was lost because of the negligence of an adult in charge of their care, the parent's grief can be unbearable. In Michigan, as in other states, a personal injury attorney can advise the parents in such a case as to how to proceed in order to seek damages from the care provider in an effort to make sure that he or she is held responsible. While no amount of money can ease the loss of a child, it can help with funeral costs, medical bills, time lost from work, and other financial burdens.
Source: lenconnect.com, "Lawsuit over infant's death to proceed", David Panian, Aug 1, 2017