Parents trust that day care providers are attending to children and keeping them safe from harm. In addition to normal care needs, including water, food and security, day care providers have a duty to act reasonably and ensure appropriate supervision. This month, a North Carolina couple filed a $10 million dollar wrongful death lawsuit against the U.S. government after their infant child suffocated at a Fort Bragg day care in March 2012.
Wrongful death suits are an available legal action for anyone who has lost a child, spouse, or parent due to neglect, recklessness, or intent. Our Charlotte wrongful death attorneys are experienced in investigating fatalities and dedicated to protecting the rights of families who have suffered a loss. We are committed to helping victims as well as raising awareness to prevent future accidents and injuries.
According to the lawsuit, the parents are filing claims of wrongful death and negligent infliction of emotional distress after they lost their 4-month-old son. The parents were distraught after they also discovered the care attendant would not face any criminal charges for the death. Whether a death was caused by intent, recklessness or negligence, civil charges can still be filed even if the defendant is not being held criminally liable. While a prosecutor must prove "beyond a reasonable doubt," a civil plaintiff must only prove by "preponderance of the evidence," which can be easier to establish liability.