Family files lawsuit after child suffers brain injury in fall at day care

Injuries to children, especially those that could have been prevented, are often the most tragic. According to, a 2-year-old boy will likely suffer long-term development issues as a result of a brain injury and fractured forehead bone.

One Massachusetts boy suffered a brain injury after falling from his daycare center’s second-story porch. Luckily, he has awaked from a comatose state and has started early stages of intervention common for children who suffer brain trauma.

The boy’s family initiated a personal injury lawsuit against the daycare’s owners and operators. They attribute the boy’s injuries to the daycare’s negligent and reckless actions. Their complaint alleges the second-story porch had rotten wooden slates and inadequate barricading. The plaintiff claims the state had previously deemed the porch structure dangerous and forbade children access to the structure. Moreover, the boy was unsupervised at the time of the fall. The attorney hopes to win a settlement for this personal injury that will pay for medical care and ongoing treatments.

Under Illinois Law, the family would have a strong premises liability lawsuit against the daycare. In premises liability cases, plaintiffs must show the owner did not maintain the property or created the dangerous conditions; that the owner was aware of the issue, but failed to notify others; or that the owner was negligent in regards to the child’s safety.

According to Centers for Disease Control and Prevention, young children are often victims of traumatic brain injury. The Centers estimate 1.7 million people sustain a traumatic brain injury each year. Within this population, those most likely to sustain such injuries include: children ages 0 to 4, teenagers 15 to 19 years, and adults 65 years and over. Likewise, falls are the cause of 35.2% of all traumatic brain injuries. For children ages 0-14 years, falls are reported as the cause of half the recorded traumatic brain injuries.

Chicago personal injury lawyers at Levin and Perconti have represented a family in a case similar to the Massachusetts boy’s lawsuit. In this firm’s case, a young man tragically died after falling from a porch, which did not have adequate porch railing.

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