Families File Wrongful Death Lawsuit against Daycare for San Jose Drownings – Law Blog

On October 2, 2023, at Blissful Blissful Daycare, three kids had been enjoying unattended within the yard. They allegedly fell right into a pool after passing via a propped-open gate. Two toddlers, Lily and Payton Cobb, handed away. A 3rd toddler survived however was hospitalized.

In 2024, prosecutors charged the day care’s co-owners, Nina Fathizadeh and Shahin Gheblehshenas, with felony youngster endangerment. Each house owners are out on bail. Investigators said there have been 4 kids in Blissful Blissful’s care on the date of the incident, and a fifth youngster was about to be dropped off. Gheblehshenas had gone to a different daycare, leaving the youngsters at Blissful Blissful below the supervision of Fathizadeh, her then 41-year-old daughter. 

Based on prosecutors, Fathizadeh was making ready breakfast, however had left one of many kids in a crib and allowed the three others to enter a yard to play with out supervision. That playground stood subsequent to a pool that was closed off by a 5-foot-tall fence. Nonetheless, Ghebleshenas’s husband had allegedly propped the barrier’s gate open to water plants however had failed to shut it once more.

Fathizadeh allegedly observed one of many kids floating within the pool when she went to verify on the infants after about 5 minutes. She was performing CPR on that youngster when her brother noticed the 2 different kids additionally floating unconscious within the pool. The brother reportedly eliminated each of the opposite kids from the pool, dialed 911, and tried CPR.

In August 2025, Scott and Josephine Hanan, the dad and mom of Lily Jade, one of many toddlers who drowned, filed a wrongful loss of life lawsuit towards Fathizadeh and Gheblehshenas. The lawsuit alleges gross negligence towards every of them.

How Do I Win a Wrongful Dying Case?

To prevail on a wrongful loss of life declare, the claimants should show a number of components:

Illustration: The deceased particular person’s property is represented by an appointee. The appointee is usually the deceased’s partner, dad and mom, or different shut relations.
Responsibility: The defendant owed a accountability to the deceased to behave or not act in some method.
Breach: The defendant did not act in a sure method to forestall the loss of life.
Causation: The loss of life was precipitated both wholly or partially by the defendant’s neglect or intent to hurt. There could also be a couple of trigger for the sufferer’s loss of life.
Dying: A person died due to one other particular person’s conduct.

Wrongful loss of life circumstances for youngsters may be particularly robust since everybody sympathizes with a baby, and most of the people is not going to blame a baby for being in a harmful state of affairs. As an alternative, the main focus shall be on the adults to forestall the deaths, particularly in a case like this one, the place the adults had been paid to observe the youngsters.

What Can I Recuperate from a Wrongful Dying Lawsuit?

Relations of the deceased can get well the next damages for a wrongful loss of life declare:

Lack of earnings, earnings, and/or advantages;
Medical bills and prices for funeral preparations;
Lack of companionship and care;
Ache and struggling precipitated to the survivors; and
Punitive damages the place the defendants’ conduct was intentional or malicious.

For younger kids, there isn’t any restoration for lack of earnings or earnings since they weren’t working, and it will be not possible to find out how a lot cash they may have made as adults. Nonetheless, the restoration for lack of companionship and ache and struggling could be considerably better as a result of everybody ought to perceive that the lack of a younger life is a tragedy. No guardian ought to must outlive their kids as a result of another person’s carelessness, particularly if their youngster was only some years previous.

Do I Want the Assist of a Private Damage Lawyer?

You probably have sustained a private damage via the illegal act of one other, then you must contact a private damage legal professional. A talented private damage lawyer close to you possibly can evaluate the information of your case, go over your rights and choices, and signify you at hearings and in courtroom.