Two Children Died At San Jose’s Happy Happy Daycare

Two Children Died, One Injured In Suspected Pool Drowning At San Jose’s Happy Happy Home Daycare

SAN JOSE, CALIFORNIA (October 4, 2023) – Two children have died and one was hospitalized after they fell into a pool at San Jose’s Happy Happy Daycare.

Santa Clara County officials are saying that the incident began around 9:05 a.m. on Monday morning. Police officials arrived at the home daycare after receiving reports of children falling into the home’s pool.

When police arrived, three children were taken to local hospitals in critical condition. Sadly, two of those kids died at the hospital. According to the website for Happy Happy Home Daycare, it is a licensed home daycare.

The owner of the daycare states that she has a Bacherlor’s Degree in Child Development. A full investigation into the accident remains ongoing at this time.

Liability For San Jose Daycare Drownings

Drowning remains one of the leading causes of injury and death for young children in the United States. According to the Centers for Disease Control, “Children ages 1–4 have the highest drowning rates. Most drownings in children 1–4 happen in swimming pools. Drowning can happen even when children are not expected to be near water, such as when they gain unsupervised access to pools.” There are a number of steps that daycare owners can take to prevent accidental drownings.

• Daycares should implement strict supervision rules for the children in their care. Younger children will typically need the greatest amount of supervision.
• Daycares should install safety barriers around pools.
• Daycares should be adequately staffed so that each child can be properly monitored.
• Daycares should perform routine maintenance on doors and locks to prevent children from leaving designated areas.

Depending on the facts of any case, a daycare could face civil liability if a child in their care is injured or dies. All institutions that care for children have a legal responsibility to protect them from reasonably foreseeable sources of harm. When a daycare fails to properly supervise children who are harmed, this could form the basis of a negligence claim. In particular, there are a number of requirements that daycares must follow if they have pools or other bodies of water on their premises.

• All bodies of water are considered potential hazards and must be made inaccessible when not in use.
• Children must be closely supervised any time that they are near a body of water.
• Wading pools must be emptied when not in use.
• At least one supervising adult must have water safety training.
• No pools at the facility can be made accessible directly from a door or window in the facility.
• Pool fencing must be at least five feet high and have no openings higher than an inch and a half.
• Pool fencing should not obstruct a clear view of the pool from the outside.
• Pools must have a gate that is self-closing and self-latching.

When a daycare provider fails to properly supervise children or ignores regulations, this can easily lead to a fatal accident. It is important for parents to remember that they do have rights if their child is injured in a daycare setting. The family of any child that died at a daycare may be able to seek some measure of justice through a wrongful death claim. It is extremely important that evidence is preserved after any accident. At the end of the day, evidence is what will be crucial in demonstrating liability for any drowning.

Investigating Accidents At San Jose’s Happy Happy Daycare

We at the Carrillo Law Firm, LLP extend our deepest condolences to the families of the children that died at Happy Happy Daycare. It is our sincere hope that the other child  who was injured will be able to make a full recovery. A thorough investigation is desperately needed following this tragedy. There are so many questions that need to be answered. Were these children being properly supervised? Was the daycare following all regulations for on-site pools?

Do you need more information about a San Jose daycare accident? Our team of child safety advocates are here to help in any way that we can. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into any incident we are here for you. You can reach out to us anytime at 626-799-9375.