San Jose, CA – In a shocking turn of events, a mother and daughter who co-own a daycare center in San Jose are now facing arrest and charges following a tragic incident where two toddlers drowned. The Santa Clara County District Attorney’s Office confirmed that Nina Fathizadeh, 31, and her mother Shahin Gheblehshenas, 64, surrendered to the police at SJPD headquarters on Friday.
Unsupervised Children and Daycare Drownings
According to authorities, the heartbreaking incident occurred at the Happy Happy Daycare on October 2, 2023. Shockingly, neither Fathizadeh nor her mother, were supervising the three young children when they fell or jumped into the pool. The victims were identified as both under two years old. Tragically, they were pronounced dead at the scene. However, the third child, also under two years old, is currently in critical condition but is expected to recover fully.
Timeline of Daycare Negligence To Establish Liability
Investigations into the incident have revealed a series of events that led to the tragedy. According to the district attorney’s office, Gheblehshenas had gone to another unlicensed daycare that morning, leaving four children under the care of her daughter. During this time, Fathizadeh was busy with making breakfast. However, she left one child in a crib and allowed the other three children access to the rear patio play area out of her sight.
It was approximately five minutes later that Fathizadeh discovered one child floating in the pool. As she desperately performed CPR, her brother, who had returned home by then, found the other two children floating unconscious in the deep end of the pool. The tragic incident unfolded due to a propped open pool gate, which investigators determined had allowed the toddlers to enter the pool area. Shockingly, neither owner had checked the gate before the children were let into the backyard, despite it being propped open previously to water plants.
Charges of Child Endangerment
As a result of their negligence, Nina Fathizadeh and Shahin Gheblehshenas have been charged with felony child endangerment. They are scheduled to be arraigned on December 6. The charges reflect the gravity of the situation and the potential consequences of failing to provide adequate supervision and ensuring the safety of the children under their care.
Safety and Regulations for California Home-based Daycares
This tragic incident has sent shockwaves through the community, raising concerns about the safety and regulation of daycare centers. Parents and caregivers are reminded of the utmost importance of constant vigilance and adherence to safety protocols when it comes to the well-being of children. The heartbreaking loss of young lives serves as a sobering reminder that every precaution must be taken to prevent such tragedies from occurring.
Moving forward, authorities will undoubtedly review the circumstances surrounding this incident to identify any lapses in regulation or oversight that need to be addressed. The focus will be on ensuring that daycare centers maintain the highest standards of child safety and supervision to prevent any further tragedies like this one.
As the legal proceedings progress, the families affected by this devastating incident will be seeking answers, closure, and justice. The outcome of the case will likely have far-reaching implications for the daycare industry and the broader community, prompting a renewed commitment to child safety and protection.
Pursuing Justice for Daycare Drowning Victims
In the aftermath of a heartbreaking daycare drowning incident, questions arise about how daycare drowning victims’ families can seek justice. We spoke with experienced wrongful death lawyer Bobby Thompson, Esq. Based in California, Thompson provides insights into the role of civil lawsuits in holding negligent daycare owners accountable. Join us as we explore the legal avenues available to families affected by such tragedies and discuss the importance of seeking justice in these devastating cases.
Attorney Laurence Banville (LB): Thank you for joining us, Bobby.
Attorney Bobby Thompson (BT): Thank you, Laurence. I appreciate the opportunity to shed light on this important topic.
LB: Absolutely. After the recent tragic drowning incident at a San Jose daycare, many are wondering how victims and their families can seek justice. Can you explain how civil lawsuits can play a role in holding negligent daycare owners accountable?
BT: Certainly, Laurence. Civil lawsuits can provide a legal avenue for victims and their families to seek justice and hold negligent daycare owners responsible for their actions or, in this case, inactions. In situations where a child drowns due to daycare negligence, families may have grounds to pursue a wrongful death lawsuit.
LB: What kind of negligence would need to be established in such cases?
BT: To pursue a successful lawsuit, families would typically need to demonstrate that the daycare owners or staff breached their duty of care towards the children under their supervision. In this context, the failure to provide adequate supervision or maintain a safe environment, such as leaving young children unsupervised near an open pool gate, can be considered negligent.
LB: What types of damages can families potentially recover in these cases?
BT: In wrongful death cases, families may be eligible to seek various types of damages. These can include compensation for medical expenses incurred before the child’s passing, funeral and burial costs, loss of future financial support, emotional pain and suffering, and in some cases, punitive damages if gross negligence or intentional misconduct is established.
LB: How challenging are these cases to litigate, especially when they involve daycare owners?
BT: Child drowning cases involving daycare centers can be legally complex. It requires a thorough investigation to establish negligence and build a strong case. In addition, dealing with daycare owners and their legal representation can be challenging. That’s why it’s crucial for families to have experienced legal representation that specializes in wrongful death cases and has a deep understanding of premises liability and daycare regulations.
LB: Are there any specific laws or regulations in California that can support these civil lawsuits?
BT: Absolutely. California has regulations in place to ensure the safety and well-being of children in daycare facilities. These regulations outline specific requirements for child supervision, pool safety, and overall safety standards. When daycare owners fail to adhere to these regulations, it can strengthen the negligence claim in a civil lawsuit.
LB: Lastly, what advice do you have for families who have experienced such a tragic loss and are considering legal action?
BT: My advice would be to reach out to an experienced wrongful death attorney as soon as possible. Time is of the essence in gathering evidence, conducting investigations, and building a strong case. An attorney can guide families through the legal process, ensuring their rights are protected and fighting for the justice they deserve.
LB: Thank you, Bobby, for sharing your insights and shedding light on this crucial topic. It’s important for families to understand their options during such difficult times.
Experienced Attorney Offers Free Consultations for Daycare Drowning Incidents
If you or your family have experienced the devastating loss of a child in a daycare drowning incident, it is crucial to seek guidance from an experienced pool accident lawyer who specializes in wrongful death cases. They can provide the expertise and support needed to navigate the legal process and fight for the justice your family deserves. Don’t hesitate to reach out for a free consultation to understand your legal rights and options. Your voice deserves to be heard, and together, we can work towards holding negligent parties accountable and preventing such tragedies in the future.