call toll free 24/7
hablamos espanol

Was Your Child the Victim of Daycare Negligence?

by on March 7, 2015

The Phoenix child injury lawyers of Wattel & York would like to extend our deepest sympathies to Arizona families whose children have been hurt in daycare centers. Often, daycare accidents involve some degree of negligence on the part of the caregivers. Our legal team can hold the negligent parties accountable for their actions and ensure that in the future, children at these daycare centers are protected from harm. Wattel & York offers families extensive investigative resources and years of legal expertise to facilitate a favorable outcome for these cases. After your child receives medical attention, you can reach out to our law firm to discuss legal recourse.

Illegal medication administration results in child’s death

In a particularly horrific incident, parents in Texas lost their little four-month-old girl. The infant had been entrusted to the care of a daycare center. The baby girl failed to wake up from a nap and it was later determined that she died because of an overdose of diphenhydramine, which is found in Benadryl. As atrocious as this wrongful death is, it could have been much worse. Ten other parents brought their children in for testing for diphenhydramine and the results were positive. Fortunately, there were no reported medical complications from other families.

An investigation revealed that a daycare employee had been giving Benadryl to the children without authorization to force them to sleep during naptime. In addition to criminal charges of murder, child endangerment, and injury to a child causing serious bodily injury, the employee faces a civil lawsuit from the parents.

Other children have choked to death at daycare centers

Even if daycare center employees do not intentionally harm children, the youngsters under their care can suffer serious injury or death due to negligence. A three-year-old California boy went into the bathroom at a childcare center. He was not supervised. An employee had left a bulletin board on the floor, and the boy took out a pushpin and swallowed it. Efforts to save his life failed. A two-year-old boy in Kentucky also died while choking on a pushpin while at a daycare center. Child injury experts assert that pushpins are particularly hazardous because they cannot be expelled with the Heimlich maneuver and because their bright colors are enticing to children.

Proving liability of daycare centers

Sometimes, such as with the case of the unauthorized administration of Benadryl, a child’s injuries are caused by intentional misconduct. The individuals responsible for these reprehensible acts often face criminal penalties; however, the parents can also file a civil lawsuit. If the child’s injuries occurred because of an accident, then the child injury lawyer will have to prove that the daycare providers acted in a negligent manner.

In these cases, negligence is defined as the breach of a duty of care in actions that fall below a reasonable standard of care. For example, violations of the duty of care may include failing to properly supervise the child or maintaining an unsafe environment for children.

Phoenix daycare injury attorneys you can trust

At Wattel & York, we know that no amount of money can compensate a family for the loss or injury of a child. However, our personal injury lawyers in Phoenix can help your family demand justice for those responsible. Please call 877-333-9545 to schedule your confidential case evaluation.


  1. San Diego Tribune, Lawsuit filed in Oceanside pushpin choking case,
  2. Childcare Aware of America, Child Fatalities and Severe Injuries in Child Care Centers and Family Child Care Homes in America,

Find more like this: Personal Injury , , ,

Comments are closed.

Follow Us

Join Our Newsletter

Free Case Evaluation

Free Case Evaluation

  • This field is for validation purposes and should be left unchanged.

Our Locations



2175 N. Alma School Rd #B-107
Chandler, AZ 85224

P (480) 222-2020


4901 W. Glendale Avenue
Glendale, AZ 85301

P (623) 937-5280


2942 N. 24th Street
Suite 114-668

Phoenix, AZ 85016

P (602) 424-7448


2524 West Ruthrauff Road, Suite 216
Tucson, AZ 85705

P (520) 352-0183


1102 S. 4th Avenue
Yuma AZ, 85364

P (928) 329-1300


Newport Beach

260 Newport Center Drive
Suite 100

Newport Beach, CA 92660

P (310) 540-6851



6314 19th Street West
Suite 15

Fircrest, WA 98466

P (253) 471-1075

Disclaimer: David Wattel and Michael York are licensed attorneys in Arizona only. Washington cases are handled in the firm's Washington office only, by lawyers admitted to practice in Washington.

iLawyer Marketing