Picking the right daycare center is an important decision for Illinois residents. Entrusting your child in the care of others requires not only careful research on the part of the parents, but also requires a high degree of trust. A recent Illinois wrongful death settlement is an example of a parent’s worst nightmare when it comes to daycare.
The recent Illinois settlement was reached between the family of a child and the daycare center where the toddler had been placed at. The settlement was reached after it was determined that the daycare had violated an Illinois law that stated that two daycare workers were required to be in the center’s toddler room at all times.
The Illinois wrongful death claim against the daycare comes after the death of the 16-month old toddler after a daycare worker threw the child to the ground. The daycare worker was alleged frustrated because other toddlers in the room were fussing.
The toddler sustained head fractures after being thrown to the floor and died shortly thereafter at a local Illinois hospital. The daycare worker responsible for the child’s death is currently facing criminal charges in Lake County, Illinois.
While the daycare worker faces criminal charges for the child’s death, the daycare’s insurance company is liable to the family for its loss. The Illinois daycare had an obligation to the family to maintain a certain standard and run its center according to the requirements set out in Illinois law. Because it failed to do so, the daycare company, and thereby its insurance company, were liable for the actions of its employee under an Illinois wrongful death claim.
The theory of liability proposed by the decedent’s family was that if another daycare worker had been in the room as required by Illinois law, then this tragedy could have been avoided. The deceased toddler leaves behind a surviving twin and two parents, who were the parties of the Illinois wrongful death lawsuit.
Kreisman Law Offices has been handling Illinois wrongful death claims for over 30 years, serving those areas in and around Cook County, including Oak Park, Blue Island, Arlington Heights, and Wilmette.
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