A Pair of daycare operators in California were arrested after two children drowned in a backyard pool after being left unattended.
Nina Fathizadeh, 41, and her mother, Shahin Gheblehshenas, 64, run a residential daycare in San Jose. But they were arrested after the tragic accident happened in their pool. According to a report in The Daily Mail, a third child was also hospitalized.
After the incident, both mother and daughter were charged with neglect, resulting in death and non-life-threatening injuries, when Fathizadeh left the children to finish preparing some food.
Tragic Drowning Accident and Near-Drowning
Police said a child safety gate was left open two days before this horrible tragedy. Officials said in the charging documents that Gheblehshenas knew her husband forgot to close the gate after watering the plants but failed to check before daycare opened that same day and did not ask anyone to do it for her.
Charging documents also claim that Gheblehshenas chose not to return after leaving for an appointment despite complaints from her daughter about understaffing at the residential daycare facility.
Police said the children played in the living room when Fathizadeh let them into the backyard. Officials said she could clearly see the open pool gate but did nothing about it. She then went to make food and did not have a view of the children in the backyard.
When she saw the gate to the pool was propped open by a drying rack, Fathizadeh went to the pool and located one of the children, a boy, floating in the shallow end. Two other children were found floating in the deep end. Two of the children died at a hospital, but the third is expected to survive. Our thoughts and prayers are with the impacted families.
Several Safety Violations Reported
According to The Daily Mail, the California Department of Social Services visited the daycare eight times for three years, with one visit devoted solely to discussing the backyard pool issue. The daycare has already been heavily scrutinized for its alleged safety issues, including having “hazardous materials” in the pool area, gaps in the pool fence, and failure to provide a criminal record clearance for an adult employee.
The Mail also reported that the daycare was understaffed, with investigators finding too many children in the building compared with the number of staff members.
Responsibilities of Daycare Operators
Swimming pools can be a fun and refreshing addition to daycare facilities, allowing children to cool off and enjoy water-based activities. However, ensuring pool safety is paramount to preventing tragic accidents and injuries. Here are some key considerations for maintaining a safe daycare swimming pool:
Supervision: Proper supervision is crucial. A trained and vigilant adult should always be present when children are in or near the pool. This supervisor should be CPR-certified and aware of basic water rescue techniques.
Fencing and gates: Daycare operators must install a secure fence around the pool area with self-closing and self-latching gates. This prevents unsupervised access, keeping children safe. They must ensure that these safety layers are always working well. For example, any fence or gate damage should be repaired immediately.
Swimming lessons: Children must be taught basic swimming and water safety skills. Even at a daycare level, introducing them to the water and promoting water confidence is essential.
Life-saving equipment: Operators should always have life-saving equipment, such as lifebuoys, reach poles, and first aid kits, readily accessible in emergencies.
Emergency plan: An emergency plan should be developed for pool-related incidents, including drowning or injury. All daycare staff must be trained in pool safety protocols, emergency procedures, and child water supervision.
Routine Inspections: The pool area and its safety features must be regularly inspected to identify and address any maintenance or safety issues promptly.
Any facility with a swimming pool, or other aquatic activities owes a strict duty of care to visitors. Read more about the duty of care owed by aquatic facilities in California here.
Daycare Liability Issues
Daycare providers are entrusted with the care of vulnerable young children. They have a duty to ensure the safety and well-being of the children in their care. Daycare providers have a legal duty of care, which means they are responsible for ensuring the safety and welfare of the children under their supervision.
This duty includes providing a safe environment, appropriate supervision, and necessary precautions to prevent harm.
Daycare operators can be held liable for injuries or harm due to their negligence. This could include inadequate supervision, unsafe facilities, or failure to follow relevant regulations and standards.
Childcare facilities must comply with state and local regulations, including licensing requirements and safety standards.
What Steps Can You Take?
If your child has been injured in a daycare accident, such as the tragic drowning accident in this case, you must take immediate action.
- Seek medical attention, care, and treatment as soon as possible.
- Notify the daycare. Inform the daycare provider or supervisor about the incident and your child’s injuries. Request details about what happened and any immediate measures that they have taken.
- Document the incident. Record as much information as possible about the accident, including photographs of the injury and any unsafe conditions in the daycare.
- Contact the appropriate authorities. If you suspect negligence or wrongdoing, consider reporting the incident to the local childcare licensing agency or relevant authorities.
- Monitor your child. Keep a close eye on your child’s recovery and any potential long-term effects from the accident.
- It would also be in your best interest to consult with an experienced personal injury lawyer who has handled similar cases so you can better understand your legal options and protect your child’s rights.
Your child’s safety and well-being should always be the top priority in such situations. Taking appropriate action promptly can help ensure they receive the necessary care and support while holding negligent daycare operators accountable.
Bisnar Chase is a top-rated California injury law firm that deals with a wide range of cases, including swimming pool accidents and drownings, premises liability, and general negligence. Contact our team for a free consultation.
Source: https://www.dailymail.co.uk/news/article-12634033/California-day-care-mom-daughter-arrested-drown.html
