Child Injury Lawyer Blog
by David A. Wolf, Attorney – Child Injury Lawyer Blog
In Kansas and throughout the United States, adults, children, and families visit theme parks, amusement parks, and water parks. For most guests and visitors, the days and nights are filled with fun, adventure, laughter, and good times. Unfortunate for some children and adults, the theme park, amusement park, or water park is the site of a catastrophic personal injury or death. When a business operates or manages a recreation areas, there is a duty to keep the grounds, rides, and attractions in good repair and to have attentive ride operators, supervisors, and lifeguards in place for the safety and protection of the guests and visitors especially children. Theme parks, amusement parks, and water parks invite and market to families and children. As such, all safety measures should be set up for the protection of the smaller and younger guest in the form of children. Like other types of personal injury cases or claims there are four essential elements to pursue a civil case or claim on behalf of the injury victim as follows:- Duty;
In Kansas, day care centers and child care centers are subjected to State laws and ordinances. Among the various laws and regulations are those that are related to corporal punishment and discipline of children in day care centers and child care centers. Under Kansas law, a day care center / child care center is prohibited from implementing corporal punishment against a child. This is a good law that should stay on the books. Unfortunately, other States have laws in place that allow corporal punishment even against day care center aged children. Corporal Punishment should be prohibited conduct in every day care center. Even in States in which corporal punishment is allowed or permitted under State Law, day care centers and child care centers should avoid using this form of punishment / discipline as it can lead to serious physical and emotional injuries to children. Furthermore, many child care providers are not well trained in safe methods of corporal punishment and often times exceed what is allowed or legal in States in which corporal punishment is permitted. If a child suffers an injury requiring some form of medical care, there is a strong likelihood that the corporal punishment was excessive. This, in turn, may lead to criminal and / or civil proceedings against the day care center and the employee.
In homes, day care centers, schools, and other locations, there are common every day items that can pose a great risk of injury to a child. These items are in just about every house and most day care centers and schools. Believe it or not, the common every day items include televisions and furniture. Children are curious and often times do not recognize the danger of climbing on furniture or moving a television set. When these items are not properly positioned, safeguarded, and / or anchored, serious personal injuries can result. Because there have been a number of incidents across the nation that involve serious personal injuries from a television or furniture item that has tipped over and fallen on a child, it is vital that the home, day care center, school, and other location frequented by a child be safeguarded to the best of the ability of the property owner and / or child care provider.
Douglas County Judge, Sally Pokorny ordered Richard Gonzalex, 69, to serve 25 years to life in prison for allegedly molesting a four-year-old girl. According to prosecutors, the girl alleged the acts occurred several times over a six week period in 2009.
A Kansas daycare provider admitted to forcing children to put sand in their mouths as a form of punishment. According to a report by a local television station, the daycare provider also admitted to spanking the children. Children attending the daycare center claimed she hit them with a flyswatter and put hot sauce or baking soda in their mouths when the children used bad language. As a result of these punishment methods, the Enterprise, Kansas daycare center, Munchkin Manor Day Care, has lost its license. The daycare center has 15 days to request a hearing on the revoked license. If you would like to read more about this story see 
Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations – K.A.R. 28-4-130 – Transportation (Pages 32-33), a child care center, that provides transportation, must provide safety restraints / seat belts for children as follows: