Child Injury Lawyer Blog
By George Podgorny, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Children require supervision due to a number of reasons. One involves the risk of choking. The level of risk depends on the age and physical development of the child. In the day care center, a child can choke on a food object or an everyday object like a coin, part of a toy, and other objects. Because of the real risk of choking, it is important for a day care center and its staff to maintain a safe environment that is free from hazards including those relating to choking.
In day care centers, children should be supervised in a safe, clean educational environment. It is vital that the day care center maintains its furniture, facility, and playground in good working order. Furthermore, it is important that day care centers replace or remove furniture including bedding / cribs that may present a danger to children enrolled in the day care center.
Televisions and other furniture items may be a risk to children. What are “tip over” furniture injuries? A tip over injury involves a television set or other furniture that tips over due to instability on top of a child which, in turn, causes personal injuries. It is estimated that approximately 13,000 television tip over injuries take place in the United States on an annual basis. Tragically, a death occurs every three weeks as a result of a television tip over injury. Many of these injuries and incidents can be prevented if schools, day care centers, community centers, hotels, businesses, residents, parents, and homeowners properly secure television and other furniture items that may be prone or at risk for tipping over on top of a child. Here are some safety tips and safety measures to consider:
In California and other States, schools are staffed with conscientious teachers and staff members. Most teachers and aides are dedicated to their work and educate the students in a diligent and professional manner. Unfortunately, at times, teachers and aides use poor judgment and violate the rights of the students under their supervision. While teachers should be given some latitude and freedom to teach a class, some teachers and aides go “over the line” in their approaches to educate and discipline the students in their classrooms. In some instances, whether a teacher went “over the line” is a close call. In other situations, it is abundantly clear that a teacher went “over the line” and action should be taken to address the wrong.
In the aftermath of the Sandy Brook – Newton Connecticut shooting, there is a renewed debate and discussion about gun safety and gun control in Connecticut and the rest of the United States. It has been reported that one of the weapons used in the killing of 20 school children was a semi-automatic weapon. Initial reports indicate that the gun was properly owned and registered by the shooter’s mother who had an interest / hobby in target shooting and other activities. While it appears that it was legal and proper under the existing laws for the mother to own these guns including the semi-automatic weapon, investigators into the Sandy Brook – Newtown shooting plan on researching the guns at issue all the way back to the manufacturer then down to the wholesaler / distributor to the retailer to finally the consumer. The terrible tragedy in Newtown was neither expected and there is a debate as to whether it could have been avoided. Tragically, when an unstable person decides to wreak havoc and death upon the lives of innocent people including children – it is quite a challenge or burden to show what actions if any could have prevented the incident.
In West Virginia and other States, working parents rely on day care centers to provide timely and consistent supervision while the children are enrolled in the day care center. It is vital that due care and attention are provided by conscientious staff members who are trained in the area of child care and understand the risks and dangers to children. At times, a tragedy occurs while a child is under the care of a child care center or day care center. When a child dies while under the care and supervision of a day care facility, there typically is an investigation by the State agency that regulates and licensed day care centers, local police, and the medical examiner’s office. Factors that are considered in such an investigation may include the following:
In homes, day care centers, schools, businesses, hotels, homes, and other locations, there is a common risk to children. As odd as it may sound, the common risk is that of falling furniture. This includes tables, televisions, dressers, and other common items. Unfortunately, these objects and others fall on children on a far too frequent basis. As a result thereof, children suffer serious personal injuries. In some instances, the children even dies as a result of the falling furniture incident. Because of these risks, it is important for owners of day care centers, schools, businesses, hotels, and, yes, homes, to properly secure furniture to prevent the furniture from falling on a child. This is especially true for television sets including older model televisions as well as the newer ones that hang on walls.
Question: Can a Day Care Center or After School Program Be Sued for Child Injuries Caused by Another Child in an After School Program? Answer: Yes. When a child is enrolled in school or an after school program, the school has a duty to provide adequate and appropriate supervision of the children participating in school and after school activities. The four basic elements of a legal case against an school or after school program typically consist of the following:
In New York and other States, there is a danger to children in most schools, parks, and sporting venues. The danger is in the form of a bleacher. Due to the height of bleachers, curiosity of children, and lack of safety awareness of children, there is a risk of injury and even death from falls related to bleachers and / or other elevated levels at schools, parks, and sporting venues. Because of these known risks, it is vital that schools, day care centers, parents, babysitters, relatives, and other child care providers closely monitor and supervise children at these events. Make sure that the children are properly seated and get assistance as needed when walking up or down stairs.