Accidents at Long Island Pre School- Is it Criminal or Neligence?

When you send your very little ones to a day care center or pre- school do you really know if they are in good hands? A toddler died while at the Carousel Day School in Hicksville. Apparently she choked on a carrot that she found in one of the teacher's bags. Now the owner and director face reckless asault and other charges. Is it fair? Is this just a horrible accident? Can it be considered criminal?

Well the law has very strict standards wwhen it comes to criminal acts. A case can only be won when it is beyond a reasonable doubt. Another words you have to be certain that that the person is guilty of the crime charged.On the other hand in an accident case in order to prove liability or responsibility you must show that the person by a fair preponderance of the evidence is responsible. Not quite the same standard as in a criminal case but still you have to prove the case.What happens in this case nobody really knows but sometimes a person can be liable or responsible for anothers death in a civil action but not in a criminal action. Sometimes they are both liable on a civil level(meaning they may pay money damages) and a criminal level.

In this tragedy there are a few lessons:
1. Always check out Day Care facilities by visiting the premises.
2.Speak to the Ownerand  ask to see  their current license(They must have one in order to operate)
3.Speak to the Owner and  ask to see their insurance certificate (You want to know if your child is hurt there is insurance)
4. Take a picture of the premisies in the event something occurs you can use it for a reference.
5.See the Day School while there are children attending.
6. Talk to the other parents.
7.Check out the local Better Business Bureau
8.Ask the school if they have any claims aginst them for injuries(you cant always determine if that nmeans they are a bad school but it may be an indicator).

If there is ever any reason that you would like to discuss a situation that has occured with your child in a Long Island Day Care Center contact us at our office