The wrongful death lawsuit for the daycare death of Gabriel Josh-Cazir Pierre has not been filed yet, but you can bet it's coming. The 17-month-old boy was forgotten inside a sweltering van in Boston, dying a horrendous death. For the baby left on bus, the driver of the bus, his employer, and the daycare facility may all pay dearly for the tragedy.
Earlier this week, Luis Matos was making his morning rounds of delivering babies to daycare centers, reports USA Today. Somehow, in the hustle and bustle of making deliveries, Matos failed to realize that Pierre was still in the van and left him in a hot van on a hot summer day.
Hours after the driver left the van, the boy's dead body was found inside. The district attorney is still investigating the incident and criminal charges may be filed, reports USA Today. But regardless of criminal charges, a wrongful death lawsuit is likely in the works. But who would be liable?
As the driver of the van, Matos is the obvious defendant in a personal injury lawsuit. However, a van driver is not likely to have very deep pockets, and the boy's family would surely include Matos' employer in any legal action.
Generally, employers may be liable for the acts of their employees under the theory of respondeat superior. So, if an employee gets into an accident or is otherwise negligent while on the job, the employer often has to pay.
In addition to suing Matos and his employer, Pierre's family could also include the baby's daycare facility in a lawsuit. The daycare facility may have contracted out the van transportation service and should have been on notice that the baby never showed up to daycare.
The daycare death of Gabriel Josh-Cazir Pierre, the baby left on bus, was a tragedy. However, anytime there is a tragedy, there is usually also legal liability. In this case, the baby's family has several defendants it may choose from.
- Find a Boston Personal Injury Attorney (FindLaw)
- State to review procedures in wake of baby's day care van death (The Boston Globe)
- Wrongful Death - Overview (FindLaw)
- Woods Services, Stacey Strauss Sued by Family of Bryan Nevins (FindLaw's Philadelphia Personal Injury Law Blog)