Texas summers bring with them concerns about children passing away after being left in a hot vehicle. If you have lost a child because they were left in a hot van or car at daycare, you can file a wrongful death claim against the responsible parties.
Nothing will fill in the space left behind after the loss of a child, but bringing those responsible to justice can help ensure no other child is lost the same way.
The Danger of Leaving an Infant or Child in a Hot Car in Texas
Heatstroke, or hyperthermia, is the most significant danger when leaving children in a car on a hot day. Heatstroke happens when the body overheats because of prolonged exposure to high temperatures. It occurs when the body temperature rises to 104 degrees Fahrenheit or higher.
When body temperature becomes this high, it can damage the brain and other organs. It doesn’t take long for an infant or child’s body temperature to reach 104 degrees or higher when left in a car. The temperature outside doesn’t even need to be that hot for the inside temperature of a car to rise. It can go up 20 degrees in just 10 minutes. After an hour, a car’s inside temperature can go up 40 degrees.
Even if it’s just 70 degrees Fahrenheit outside, it doesn’t take long for the inside of the car to become dangerously hot. Leaving the windows partially open does not make much of a difference.
An infant or child’s body temperature increases faster than an adult’s because their bodies absorb heat three to five times faster. In addition, a child’s body has not yet developed the ability to cool itself efficiently. Most children who die of heatstroke in a hot car are under the age of three, although there have been reports of children as old as 14.
How Daycares Can Prevent Wrongful Deaths in Daycare Vehicles in Texas
Wrongful deaths in daycare vehicles are entirely preventable, and daycare providers should have steps in place to ensure no child dies while under their care. Cars and vans on the premises should be locked, and keys should be kept out of reach of children so they do not get stuck in the vehicle.
If a child goes missing, all vehicles—including trunks—should be checked immediately. Caregivers should also practice “look before you lock” to ensure that no one leaves behind a child in the backseat of a vehicle. Parents should ask their daycare center what kind of plan it has to ensure no children are left inside a car.
Filing a Wrongful Death Claim After a Hot Car Death at Daycare in Dallas, Texas
Under Texas law, the parents of a child who passed away in a hot car death at daycare can bring an action to recover damages for wrongful death. If the death is caused by gross negligence, omission, or a willful act by the party or parties responsible, family members may recover both “actual” and “exemplary” damages. Actual damages refer to compensatory damages, which compensate the plaintiff for their losses. Lawmakers designed exemplary damages to punish the plaintiff for wrongful conduct. Family members have two years from the date of death to file their lawsuit.
A caregiver who leaves a child in a hot car can be criminally prosecuted in addition to a civil case.
Click here to learn about daycare vehicle wrongful deaths The Button Law Firm has handled.
Contact Us if Your Child Passes Away at Daycare in Texas
A wrongful death case against a Texas daycare center can be complex and emotionally charged. In Texas, it must be proven that the daycare and its workers’ actions or inactions caused the child's death, and the daycare was negligent or engaged in wrongdoing. This is why it is important for families to seek the help of compassionate and experienced daycare injury attorneys like our team at The Button Law Firm.
We will fight for your family to hold those accountable and get justice for your child’s untimely death. While it won’t bring your child back, a daycare wrongful death claim can help your family move forward and potentially protect other children from experiencing the same fate. Your family may be eligible for compensation to cover:
- Funeral and burial expenses
- Medical expenses
- Pain and suffering
- The emotional toll of losing a loved one, especially a child
- Punitive damages if the daycare’s gross negligence caused your child’s death
With offices in Dallas, Houston, and Midland, our attorneys, recognized on the prestigious Texas Super Lawyers list, are ready to listen, fight, and help your family after an unimaginable tragedy like the death of a child at a daycare. Call us at 214-699-4409 or fill out a contact form for a free case evaluation.
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