3 Children Fall Into Swimming Pool; 2 Drown, 1 Injured
SAN JOSE, Calif. (Oct. 3, 2023) — Two pre-school age children are dead and a third was injured after they fell into a swimming pool Monday at Happy Home Daycare in San Jose in the Almaden neighborhood.
Paramedics with the San Jose Fire Department responded to the 1000 block of Fleetwood Drive at 9:05 a.m. on Monday, Oct. 2nd after a 911 caller reported minors fell into a swimming pool, The Mercury News reports.
All three children were transported to a hospital in critical condition, but two died and the third is expected to survive.
The two girls who died were both 1-year-olds and were later identified as Payton Cobb, of Hollister, and Lillian Hanan, of San Jose. The age and gender of the third child who survived is unknown at this time.
It’s unknown at this time just how the children found their way into the swimming pool or if they were being supervised at the time. There are multiple plastic Little Tykes climbing structures just a few feet from the pool’s safety fence, according to aerial photographs of the backyard.
A total of five children were being cared for at the home at the time of the incident.
The San Jose Police Department’s homicide unit remained at the scene to investigate the circumstances and were joined by the Santa Clara County District Attorney’s Office.
Happy Home Daycare
The California Department of Social Services describes the facility as a small family child care home that may care for up to eight children at a time.
The facility’s licensees, Shahin Shenas and Nina Fathizadeh, were recently cited for allegedly failing to follow state requirements to check on their sleeping children every 15 minutes.
The property’s swimming pool apparently met all of the requirements under the CA Dept. of Social Services as it was surrounded by a see-through 5-foot tall fence and had a self-closing and self-latching gate, according to the state’s inspection records. The facility was approved in 2021 after owners were told to straighten the pool fence, and fix a few fencing gaps.
Swimming Pool and Hot Tub Attorney
Attorney James Johnson handles all types of cases involving the injury or death of a person due to another person or entity’s negligence. Our law firm has the knowledge and expertise to help victims of preventable water accidents such as those involving unprotected swimming pools, dangerous drain suction incidents. The injuries and the risk to life is real and it can happen anywhere whether a person is at a private home, a hotel, a water park or any public swimming facility. If a facility does not take required preventative steps to safeguard their premises, they could be held liable for damages suffered by a family. There is no charge to speak with the attorney unless a settlement or verdict is obtained for you. Call us for a FREE CONSULTATION at 1-(855) 703-4186.
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