Legal Question in Personal Injury in Kansas
Personal injury/death
My daughter died while in the care of a registered day care provider in the state of Kansas. The provider knowingly used a defective playpen ( it had holes in it ) and placed my 6 month old daughter in the playpen. The provider knew my daughter was crawling and could get caught in the holes and choke to death which is exactly what happened. Is this a criminally prosecutable offense?
1 Answer from Attorneys
Re: Personal injury/death
The decision of whether or not to prosecute your daughter's care giver would be with the local county or district attorney's office. Without more facts, it is difficult to say that the care giver was criminally liable. However, you very well may have a civil action against the care giver, and there may be liability insurance to pay damages to you. The statute of limitations for negligence in Kansas is two years, and it would begin to run on the date of the accident. I would suggest you contact an attorney immediately. I you would like help locating an attorney, please feel free to call me at (913) 491-2855. Please accept our sincere sympathies for your loss.
Tim Elliott
Elliott & Elliott, Attorneys At Law
4550 West 109th Street
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