Child Injury Lawyer Blog
By David Wolf, Attorney
Published by Child Injury Lawyer Network
Day care centers in Indiana are operated in homes, businesses, and churches. When a child is under the care and supervision of an Indiana day care center, it is vital that the staff members provide appropriate and timely supervision of the children under the care of the child care center. It is especially important to monitor the children and keep them away from risks and hazards in or near the facility. This is especially true when there are pools, bath tubs, ponds, lakes, and other bodies of water on or near the property of the Indiana day care center. Pools, tubs, and other areas should have enclosures, tarps, covers, gates, and other safety precautions when practical to have these items in place. A small child can drown in even a small amount of water. Because of this, all day care center employees should be well trained regarding safety precautions including those that should be put in place around water areas. It is well known that children lack safety awareness. Many small children see an area of water as a play area full of adventure. These children do not realize the true risk and danger of being in or near the water.
In South Carolina and other States, corporal punishment is permitted in schools and day care centers. Some States prohibit the use of corporal punishment in day care centers. Some States allow each county to decide whether corporal punishment is permitted in county schools. Since the laws and regulations can vary from State to State and County to County, it is important to review the laws and regulations and / or contact a Child Injury Attorney to determine the laws and regulations on point. If corporal punishment is implemented, rules and regulations must be followed. In particular, the corporal punishment should not be implemented in a manner that causes personal injuries requiring medical care and attention. Corporal punishment, whether permitted or not under a particular law or regulations, will be excessive if it amounts to abuse and neglect.
Day care centers and child care centers have a duty to provide a safe and clean educational environment to the children. It is important that day care centers and their staff members keep poisons and toxins away from the reach of children. It is well know that children are curious and do not always recognize a food item / drink from a poison or toxin. At times, day care providers mistakenly serve poisons or toxins to children under the care of the day care center or child care center.
Day Care Centers are subject to State rules and regulations as well as internal and company wide policies and procedures. When these regulations, policies, and procedures are followed by day care centers, there is a strong likelihood that the day care center is clean, safe, and well staffed. Most policies are in place for the protection and well being of the children under the care of the day care center. It is important that the day care center have proper staff to child ratios, well maintained indoor and outdoor facilities, emergency procedures, record keeping standards, and other practices in place. When a day care center cuts corners and / or ignores policies, procedures, or regulations, children are put at risk and danger for personal injuries.
In day care centers and child care centers, children are the unfortunate victims of injuries and deaths due to negligence and improper supervisions. Many such child personal injuries and wrongful deaths are preventable with better more consistent and timely care provided by the day care staff. One danger or risk that can present itself in every day care center is that of choking. Is a day care center liable for the injuries caused by a choking incident in the day care center? The answer to this question depends on the facts and circumstances of the choking incident. Factors that may be considered in evaluating a potential legal case or claim include:
In Atlanta and other States, children are transporting to and from day care centers and schools. Some children are transported by school bus while other children are transported by a school or day care center van. The driver of a school or day care center motor vehicle should obey speed limits and traffic control devices. Furthermore, the driver should pay close attention to traffic and road conditions. It is vital that distractions are kept to a minimum and that the driver focus his or her attention on the job of driving and keep the children safe. Unfortunately, children are injured while being transported due to the negligence of the school bus or day care center driver OR the negligent driving of other motor vehicles. Either way, children are put in harm’s way and suffer personal injuries. Some injuries can be addressed by a kind word and a first aid kit. Other personal inuries from a school bus or day care center accident are more severe and require the treatment and evaluation by a local emergency room and follow up by medical specialists.
Should day care centers use GPS and video technology to communicate with parents? While there are some who would argue that we are overly tethered to our technology, most parents and the general public would probably favor technology in day care centers that help promote safety, oversight, and communication with parents. We live in a world filled with single moms, single dads, two income families, and other circumstances that require the use of a day care center. While most parents would rather spend the day with their children rather than at work, economic necessity and practicality come into play when selecting a day care center. The burden and stress relating to the use of day care centers can be lessened to some extent through technology, oversight, and accountability. Some day care centers are embracing and using new technology with great enthusiasm. Furthermore, these day care centers can use the availability and use of technology as a “sales pitch” of sorts to parents considering a day care center. For instance, a parent can get text alerts and photo alerts from some day care centers providing a status of the child’s condition and activity during the day. Some may believe that getting a text every time a diaper is changed is micro managing but it is better to micro manage than to have a child forgotten and in a wet or soiled diaper during the day. Most day care centers do a fine job with the children and supervise the children in a safe and clean environment. For these day care facilities, the use and employment of cameras, mobile phones, and GPS technology merely help broadcast the quality care and attention that is being provided. For other day care centers, however, the use of this technology may bring to light problems and issues that can be resolved so that the child is provided the appropriate and timely care and attention that the child deserves. See 
In most houses, apartments, mobile homes, and other residences of children, there is an area of the home that is often times the location of serious injuries and in some cases – the death of the child. This location is the bathroom. There are a number of dangers that can be present in the bathroom including the following:
When selecting a Georgia day care center, it is important for parents to obtain and review information regarding the day care center. While prior records and surveys do not insure that a child will be kept safe, it is helpful to review these documents and information to make an informed decision as to the selection of a day care center. Once a child is enrolled in a day care center, parents should continue their due diligence of evaluation, review, and inspection of the day care center. Parents should visit frequently and at different times of the day. Parents should take the time to get to know the administrators and staff members at the day care center. When possible, it is also helpful to befriend other parents to share information and observations of the day care center.
When a child is supervised or otherwise under the care of a school or day care center, parents hope and expect that the teachers, aides, and other child education or child care providers provide a safe learning environment free from abuse and neglect. While most educators and child care providers are good people, some use this position of trust and authority to prey on children and use the very position of trust to abuse, neglect, and otherwise harm children under their care. It is most unfortunate and tragic that incidents of abuse and neglect continue to take place today by teachers and child care providers. When a child is harmed, neglected, battered, and / or assaulted by a teacher, aide, or other child care provider, there are two types of case that can be pursued: 1. Criminal Case and 2. Civil Case.