The eve of the summer solstice brought heartbreak as a two-year-old Georgia toddler died in a tragic Jonesboro van accident. The child was left in a day care van and that is where she was found and taken to the hospital. Our hearts go out to the family involved in this tragedy.
Infant and toddler deaths can occur very quickly in a hot parked vehicle. As an Atlanta personal injury lawyer, I want to remind parents that accidental injury and death can be avoided. Never leave your child or children unattended in a parked vehicle, under any circumstances.
In the Jonesboro incident, the toddler was left in her day care van for approximately two hours or more. The day care children were on an outing to a local Chuck E. Cheese. Once the toddler was discovered, she was taken to the Southern Regional Medical Center. She passed away at the hospital.
The facts of this situation are currently under investigation by the Clayton County police and it has not yet been determined whether criminal charges will be brought. The specific cause of death has not yet been determined, but the outside temperatures reached 95 degrees. Potentially, Georgia day care licensing authorities could also review the licensing of this center.
In addition, depending on the facts, the toddler’s mother could bring a lawsuit for wrongful death against the day care center and individuals involved in this tragedy. A wrongful death is any death caused by the negligent, reckless (extremely careless) or intentional actions of another which can include vehicle accidents, crimes due to poor security, elder abuse and many other situations.
In Georgia, personal injury claims usually the injured person sues on his or her own behalf to recover compensation for an injury and the financial costs, physical pain and emotional suffering. However, when the injury results in a victim’s death, Georgia law allows the close relatives, in this case the toddler’s mother, of the deceased person to bring an action for wrongful death.
The day care facility that apparently was responsible for the child, is located about 20 miles north of Atlanta. The toddler’s mother told local Atlanta news outlets that she wants to see the day care center closed. She also said that the providers told her that her child was falling asleep “between the seats” of the van and was not noted to be left behind. If she was in a car seat, which is required under Georgia law, it is not clear why she would have fallen between the seats which might have made it difficult for her care givers to realize she was not accounted for with the other children.
As an experienced child injury and wrongful death lawyer practicing throughout Georgia and the Atlanta region, I am available to evaluate at no charge any potential legal claims involving injury and death. These cases are tragic and life-changing.
The support and guidance of a compassionate expert can help families recover from the worst tragedies imaginable. Please contact the Law Offices of P. Charles Scholle for guidance and assistance. We have built our reputation by representing our clients with care and compassion and we have offices throughout the region, including Buckhead and the Perimeter and we represent clients throughout Atlanta and Georgia, including Fulton County, Cobb County, Forsyth County, Dekalb County, Walton County, Jackson County and the cities of Lawrenceville, Marietta, Sandy Springs, Roswell, Decatur, Johns Creek, Lilburn, Snellville, Duluth, Lithonia, Loganville, Grayson and Norcross among many others.