New York boy drowns in daycare pool

On Behalf of | Jul 30, 2014 | Premises Liability

When a business behaves negligently, many people can be adversely affected. The family of a three-year-old boy is mourning his death after a tragic accident at a New York daycare. The boy drowned in an above ground pool behind the daycare.

The boy’s grandmother believes that the negligence of Mother Byrd Daycare Center caused her grandson’s death. She says that there shouldn’t have been a pool there in the first place and there weren’t enough staff members available to watch over the kids. The boy’s mother, who also works at the daycare, was tending to other children at the time of the accident and didn’t see her son get into the pool.

Home based daycares may have a duty to provide safe property conditions for their guests and employees. These daycares are permitted to have pools, but certain regulations apply if the pool is used during business hours. It is unclear at this time as to whether the daycare used the pool when the children were present. According to a Department of Health investigator, the daycare was not cleared to use the pool while administering child care.

It is also unclear how the boy gained access to the pool. The boy’s grandmother said that there was a small fence around it which a child could easily climb over. Regulations set forth by the Office of Children and Family Services require a pool to have a fence at least 48-inches high with self-latching gates.

The daycare has a total capacity of 12 children ranging from six weeks to 12 years in age. State rules dictate the staff-to-child ratio based on the ages of the children.

Source: DNAinfo New York, “3-Year-Old’s Death in Daycare’s Pool Caused by Negligence, Grandmother Says,” Nicholas Rizzi, July 25, 2014