By David Wolf, Attorney
Published by Child Injury Lawyer Network
An autopsy and further investigation will be conducted by local authorities to determine the cause of death. Under these circumstances, it would appear that complications from hyperthermia are the most likely cause of death but an autopsy will be conducted to determine if there are any other explanations for the untimely death of this child.
Are there steps that could have been taken to prevent this incident? The answer is “Absolutely.” There is no reasonable excuse of leaving a child on a school bus or day care center van. Here are simple steps that every single day care center / summer camp can take regardless of the size or resources of the day care center / school. The three major items needed to complete the tasks are the following:
1. Pen or Pencil;
2. Paper / Checklist; and
3. Clipboard.
These are the physical items that are needed. Four other things to keep in mind would be the following:
1. Common Sense;
2. Consistency;
3. Redundancy; and
4. Due Diligence.
Any time that a day care center, school, or camp transports children, there should be a checklist created for the children being transported. When children are loaded on the bus, each child should be checked off on the bus after attendance is taken. This should be done for every trip no matter the distance or number of children transported. Once the bus arrives at the destination and the children depart the bus, attendance should be taken again as each child leaves the bus OR once the bus is unloaded. This should be done for every trip and this should be done twice. The school bus driver driver should also do a visual sweep of the bus and physically look in every row – every seat to make sure that each and every child has departed the bus. This should be done for every trip, and, yes, should be done twice. The checklist should reflect that attendance was taken each time and that the visual sweeps of the bus were completed. The checklist should be signed by the bus driver. If there is an attendant available in addition to the school bus driver, then the attendant should also complete the visual sweeps of the bus. While the above tasks may take a few extra minutes compared to some of the routines followed by camps or day care centers, the aforementioned safety measures would prevent any of these tragic incidents from taking place again.
When a child is injured or dies as a result of the negligence of a child care provider, a parent is often faced with many challenges. During these tough times, it is often helpful to discuss the issues with a Child Injury Lawyer to determine the rights to compensation.