A San Diego area 3-year old child died at the child's school after allegedly swallowing a pushpin and subsequently choking to death. An investigation by the California Department of Social Services (CDSS) reported that the child's death could have been prevented, and a wrongful death lawsuit has now been filed by the child's parents.

The investigation found the school to be in violation of various CDSS rules that possibly led to the child's death. The school had in the past been found in violation of other rules, though the CDSS stated that such violations were unfortunately common among schools.

Concerning this particular circumstance, the three rules the CDSS stated the school violated could be summarized as follows:

  • Violation of care and supervisory rules concerning vigilance of its students
  • Violation of storage supply rules concerning keeping potentially dangerous objects away from children
  • Violation of safe accommodation for our students' rules

In any case, the family of a child that has died possibly due to the negligence of others needs to know all of its options. Often, legal counsel experienced in the area of personal injury matters can make an adequate determination as to what will at least somewhat compensate a victim or their family for a tragic accident such as the one mentioned above.

Most of us are not prepared for the death of a loved one - especially when that death concerns a young son or daughter as young as 3-years of age. Though it may be difficult to pursue such an action against a child's school, schools need to be held responsible for the safety of our children so this type of incident does not occur again in the future.

Source: NBC San Diego, "Toddler's Parents to File Wrongful Death Lawsuit," by Sarah Grieco, Jan. 5, 2012