There are few things worse than having a child die while being cared for at a daycare facility you believed to be safe. Despite a 2014 mandate requiring all daycare facilities in the nation to report injuries and deaths, ten years later there has been only spotty compliance. Because the rules for reporting were so vague, some facilities only reported injuries that required a hospital visit, while others reported all injuries to children in their care. These disparities make it virtually impossible for parents to compare daycare facilities in their area—that’s assuming they can even find what little information exists.

According to the Bipartisan Policy Center, of the 158,269, 871 adults in the U.S. workforce in 2023, 40 percent are parents, and 10 percent are parents of young children. The need for affordable daycare has skyrocketed over the past three decades, yet rules and regulations that ensure your child’s safety while in daycare have dismally failed to keep pace. Speaking to a Kansas City daycare wrongful death lawyer from Finney Injury Law can ensure you have a strong advocate in your corner who will pursue justice on your behalf while you have the time you need to grieve.

Why Choose Finney Injury Law for Your Kansas City Daycare Wrongful Death Lawyer?

You have many choices when you are looking for the best Kansas City wrongful death lawyer. Whether you make your final decision based on a referral from a friend, relative, or co-worker or you find your attorney online or through the Missouri Bar Association, we believe that once you have spoken to an attorney at Finney Injury Law, your choice will be clear. During this traumatic time, you need a law firm that is committed to fighting for accountability on your behalf. Our lawyers are exemplary negotiators; however, some cases benefit from litigation. If this is true in your case, we have an award-winning trial lawyer who will passionately fight for the verdict you deserve.

At Finney Injury Law, we have many positive reviews from satisfied clients. We offer a free consultation during which we will answer any questions you may have in a thorough, yet easy-to-understand manner. We know that not all crises occur between the hours of 9:00 a.m. and 5:00 p.m., so we are available 24/7—when you need us. We provide flexible scheduling options and have both English and Spanish-speaking staff to ensure you feel comfortable and cared for. Our attorneys and our staff members are all deeply involved in their communities. We believe that translates into care and compassion for every client.

What Are the Most Common Issues Related to Daycare Wrongful Death?

Every accident that results in the death of a child in daycare is unique in some way. When the accident and death involve your child, there is nothing “standard,” or “normal” about it. The most common accidents that result in death for a child in daycare include:

  • Collapsing furniture can cause the death of a child when a heavy or large piece of furniture and its contents (in the case of a bookshelf or other type of furniture that holds things) is pulled over by a child, landing on top of the child.
  • Being left in a hot vehicle/van can kill a child very quickly. Daycare staff must have guidelines in place that ensure all children are removed from daycare vehicles.
  • Shaken baby syndrome usually occurs when an adult gets angry or frustrated by a baby that will not stop crying, shaking the baby forcefully and slamming the baby’s brain from one side to the other inside the hard skull. Shaken baby syndrome can cause spinal cord injuries, traumatic brain injury, or death.
  • Backing over a child behind a vehicle can result in the death of the child. All children in a daycare facility must always be accounted for at all times.
  • Caregiver abuse includes hitting, kicking, shaking, and pushing a child, usually out of anger. This abuse can result in the death of the child when it is severe or if the child is pushed into a hard object and receives a fatal head injury.
  • Suffocation can occur when a baby is trapped between the hard surface of a crib and a mattress or blanket and is unable to move or breathe.
  • Falls can occur in a daycare facility when babies roll off changing tables, or when unsupervised older children climb onto a high surface and fall off, including playground equipment.

More About Daycare Injuries

What Must Be Proven in a Daycare Wrongful Death Case?

Liability must always be proven in a daycare wrongful death case. The liable party could be an employee of the daycare center, the person who owns or operates the daycare center, or a governmental agency overseeing the daycare facility. The elements of a successful wrongful death claim include:

  • There was a duty of care owed by the daycare facility to you and your child. In other words, the daycare facility must care for your child and keep the child safe from hazards or harm.
  • The daycare facility or its staff breached this duty of care.
  • Your child’s death was a direct result of this breach of duty of care.
  • The breach of duty of care and subsequent death resulted in damages, including funeral and burial expenses, medical expenses incurred before the death, emotional pain and suffering of the child before his or her death and the parents after the death, and punitive damages if it can be proven that the actions of the daycare or daycare worker were willful or malicious.

How Can Problems in a Daycare Lead to Catastrophic Injuries and Wrongful Death?

While children have accidents, and turning your back on a child for a mere few seconds can result in an accident, all daycare facilities must have protocols in place that minimize the dangers to babies and children. Most fatal injuries at a daycare facility are due to inattention, abuse, or lack of safety precautions. Some of the more common problems in a daycare that can lead to a fatality include:

  • Traumatic brain injuries following a fall from playground equipment or other height
  • Choking on food or small toys due to lack of proper supervision at the daycare
  • Burns from food on the stove, bottle warmers, or electric devices
  • Employees shaking a baby out of frustration or anger
  • Accidental poisoning from unsecured toxic chemicals

Why Hiring a Kansas City Daycare Wrongful Death Lawyer from Finney Injury Law Can Help

The death of a child while in daycare is every parent’s worst nightmare. You, like most parents, probably have no choice in leaving your child at daycare because financially, you have to work. Unfortunately, negligence and abuse occur in daycare facilities across the United States, largely due to a lack of regulation. Untrained or unvetted staff, along with too many children for the number of staff are also reasons a child can die in a Kansas City daycare.

When a caregiver acts inappropriately or fails to act and a child dies as a result, our legal system helps provide compensation and accountability. Even a minor lapse in a daycare facility can result in tragic consequences. Finney Injury Law is ready to help you through this difficult time. We have a deep understanding of all aspects of daycare negligence and abuse and will work hard to ensure justice prevails. Contact Finney Injury Law today to speak to an experienced Kansas City daycare wrongful death lawyer.