We have been hired by the family of the infant who drowned while in the care of a babysitter. See news story here.
James Daniel Farrior, III, died while in the care of Kristal Khan. James, 11 months old, fell into a bucket of water and drowned while Ms. Khan dozed in the living room after taking Nyquill cold medicine. Nyquill can induce sleep.
Our deepest sympathies are with the Farrior, Josiah, and Weeks families.
Ms. Khan ran an unlicensed day care center. Essentially, she took-in children for the day from working mothers in the Richmond Hill neighborhood. Ms. Khan charged $25 a day.
Under the law a day care provider or babysitter is deemed to be in loco parentis. This Latin phrase means that she stands in the shoes of a parent and must provide the same duty of care that a parent should provide to her child.
In this case it appears that Ms. Khan was negligent in dozing while letting the children have free run of her house. She was also negligent in keeping a water bucket in the kitchen which would have been a trap for a child. Apparently, James must have leaned-over and fell-in head-first, so that he became caught and disoriented and was unable to free himself.
We have handled other cases against day care centers and babysitters. For example
- An infant sustained a serious leg fracture. The child probably fell from a table in the living room. The fracture would not have occurred if the adult had properly supervised the child.
- An infant sustained fractured teeth in a playground in the back yard of the day care center. Again, playtime should have been supervised.
- The child fell from stairs due to a shelf which was attached to the wall and became an obstruction. The child bumped into the obstruction, lost his balance, fell, and sustained a serious leg fracture. The shelf was a dangerous condition.
If your child has been injured due to a accident while under the care of a babysitter or day care center, please call me at 800-581-1434 or write to firstname.lastname@example.org for a free consultation.
Mark E. Seitelman, 6/23/09, www.seitelman.com.