Sudden Infant Death at a Daycare Center – Liability for SIDS at Daycares

SIDS refers to Sudden Infant Death Syndrome, which is the sudden and unexplained death of an infant under the age of one. SIDS is the leading cause of death in the US for infants between one month and one year old. Although the exact cause of SIDS remains unknown, there are a number of risk factors, which include unsafe sleeping positions (like stomach sleeping) and soft bedding.

Although SIDS can occur without a clear reason, daycare employees may be to blame especially if they ignored clear risk factors or failed to follow safety protocols. For example, if a daycare employee put an infant to sleep on their stomach or allowed soft/loose bedding in the crib or cot, then the employee may be at-fault. In short, although SIDS is widely considered unexplainable and unpreventable, liability may be established in situations in which there is evidence that daycare staff either failed to follow safety protocols, acted in a way that directly contributed to the condition, or failed to respond adequately to the infant’s condition.

Yes, daycare owners could be found liable for SIDS. More specifically, daycare owners could be responsible for the actions or inactions of their staff. If evidence shows that the daycare staff and/or the owner contributed to the instance of SIDS, then the daycare owner could be liable and could be sued. This is due to daycare centers (employees, managers, and owners) owing children a duty of care. When this duty of care is breached and an infant dies, then the day care center could be held liable. Although we are referring to civil liability (i.e., parents pursuing civil lawsuits), it is important to note that these instances could also result in criminal charges.

Ultimately, to ensure the safety of infants and prevent liability for infant deaths, daycare owners should do the following:

• Always maintain appropriate staff-to-child rations
• Always adhere to safe sleep practices and regularly check up on sleeping infants
• Always keep accurate records of observations made or actions taken involving infants and other children under their care
• Always ensure that staff is properly trained (including in infant CPR, first aid, and appropriate response to crisis, like immediately calling the emergency department) and repeating training often

• Gross negligence or a reckless disregard for the safety of the infant

  • Improper sleeping arrangements (not placing the infant on a flat and firm sleeping surface, using soft bedding like blankets or pillows that pose a suffocation risk to the infant, and placing the infant on their stomach or side to sleep)

  • Intentional actions (leaving infants unattended for a long time, resorting to unauthorized or dangerous sleep aids like putting infants in car seats for naps, not checking in on sleeping infants, and falsifying records like pretending to have checked on the sleeping infant)

• Failure to act on time or respond appropriately to an infant that is in distress or unconscious
  • Failing to call emergency services immediately
  • Failing to administer CPR
  • Delaying response to an unresponsive infant
  • Failing to recognize the signs of distress in an infant or failing to recognize that an infant is unconscious at all
  • Failure to properly train and supervise staff
  • Failing to adhere to ratio policies (meaning one staff is watching too many infants)

If you believe that your infant died because of the negligence or inaction of daycare employees and daycare owners, it is important that you reach out to our legal team as soon as possible. You could have the right to sue and recover compensation.

Although every case is different, some of the categories of compensation available for recovery could include the following:

• Medical costs incurred prior to the infants death
• Parents’ lost income
• Parents’ pain and suffering
• Wrongful death benefits, including funeral/burial costs and loss of consortium
• Punitive damages (in case of gross negligence)
• Legal costs

Of course, we know that no amount of compensation is going to fill the void left by your baby’s sudden passing. Still, we believe that all liable parties and entities should be held accountable, so we will fight for your right to recover the maximum payout available for daycare center SIDS lawsuit.

If you have questions about the specific compensation available for your claim or the possible value of your claim, contact our team as soon as possible for a case evaluation.

When parents leave their infants in the care of daycare providers, they trust that their infants will be safe. The truth is that many infants and young children suffer harm under the care of daycare staff. Consider some examples of past cases:

• People v. Jones: daycare staff failed to initiate CPR or call 911 when discovering that an infant was unconscious (California)
• State v. Proctor: a daycare employee was found criminally liable for placing an infant to sleep on its stomach and failing to check in on the baby for hours (Texas)
• Estate of Presley v. Kiddie Kollege: staff failed to notice that an infant had stopped breathing and was found liable of falsifying check-in logs/records (New York)

Our lawyers have decades of experience and are more than ready to provide you with the guidance that you need to start or continue your lawsuit. We understand how difficult it can be to bring yourself to seek legal help and pursue a claim after the death of your infant, so we are committed to helping you in every way possible. We offer free case evaluations, which include free consultations and free second opinions. During these free legal services, our experts will be available to answer your questions, address your concerns, and provide you with all the information that you may need to either begin or continue your claim. If you are interested in scheduling a free case review, contact us today.

Zero-Fee Guarantee: you will never be required to pay upfront legal fees for our legal services. We work on a strict contingency basis, so our team will actually not be paid anything until your lawsuit is successful. If you do not win, you will not be responsible for any legal costs.

Contact us today to explore the options available to you and your family.

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