Published by Child Injury Lawyer Blog
Most people are aware of the risk of injuries and death to children resulting from an automobile accident, bicycle accident, pedestrian accident, and drowning. One common cause of death that is not so obvious to some parents and caregivers involves choking on small objects. For instance, hot dogs are particularly risky to young children. The cylindrical, compressible object can become lodged in the airway of a child.
Published by Child Injury Lawyer Blog
Working parents and guardians rely upon day care centers to provide a safe and nurturing environment for children. Unfortunately, at some day care centers, a day can be filled with neglect and abuse at the hands of the very caregivers responsible for keeping the children safe and out of harm’s way. The truth is that many child care providers lack the training and financial motivation to do a good job. Many child care providers are immature and just lacked the proper upbringing and maturity to provide the necessary care for children. It is a known fact that children misbehave or do not follow all instructions. This is especially true for infants and toddlers. It is certainly an expected part of the job to deal with difficult children or good children who occasionally misbehave. The child care provider needs to have patience, understanding, and a strong conviction to do the right thing and to act in the best interest of the child. When a child care provider is accused of wrongdoing, a police investigation and criminal investigation may result. Police and prosecutors are quite busy and do not pursue or prosecute every case or incident that is reported. As such, many acts of wrongdoing may not be prosecuted if investigators do not believe that the injuries warrant OR if investigators believe that proof of the malicious intent cannot be provided beyond a reasonable doubt.
Published by Child Injury Lawyer Blog
During the summer months, the temperature in various parts of the United States can easily exceed 100 degrees. For children, especially those prone or susceptible to sunburn complications, the hot summer weather combined with poor supervision and common sense on the part of child care providers can combine to produce some significant sunburn related injuries. Some sunburn injuries are so bad that they require medical care from an emergency room and / or a pediatrician. Certainly, a child can become sunburn when there is an extended time of play, sports, or outdoor activity. The pursuit a claim or case will depend on the particular facts and circumstances as well as the significance of the injuries. If a 8 year old child comes home with a mild sunburn, this by itself would not warrant – for practical reasons – the pursuit of a claim or a case. However, if the child returns home with severe burns to the point that there is exposed skin and large painful blisters, then this situation could warrant the pursuit of an insurance claim or a potential lawsuit.
Published by Child Injury Lawyer Blog
It is not difficult to find stories – horror stories better yet – about unlicensed day care centers in Louisiana, Florida, and other states. When you see a news article posted about an unlicensed day care center, you will often read about a child being injured or put at risk or danger of personal injury while under the care of the unlicensed day care center. These child care providers are “operating in the shadows”. Without any oversight, rules, or regulations, many unlicensed facilities do just what is necessary to convince the parents desperate for child care to part with their hard earned money. While there are some unlicensed facilities and day care centers that happen to do just a fine job, there are so many others that are truly cutting corners and putting the dollar over safety concerns and measures for the children.
Published by Child Injury Lawyer Blog
Unfortunately, spankings and corporal punishment are still prevalent in many communities. It is a tradition that has been literally handed down from generation to generation. While there may be some time and family history to spankings and corporal punishment, the fact is that most States ban such activities and disciplinary measures in most day care centers and child care facilities. Some church based or religious based institutions may have an exception from such State regulation. Even in circumstances where spankings and corporal punishment are permitted, there are still child abuse laws in place that make it actionable or criminal if the spanking or corporal punishment is excessive and causes physical marks and / or the need for medical evaluation and treatment. Clearly, the best way to make sure that a child is not subjected to excessive corporal punishment is just to refrain from it completely. Corporal punishment and spankings put a child at risks especially by an adult who does not fully realize the size differential and the force that is applied when engaged in corporal punishment or spankings. Furthermore, it should be noted that many day care providers are angry when giving out punishments which can lead a day care provider to be out of control and really cause significant permanent injuries to the child.
In Ohio and other States, licensed day care centers are regulated and overseen by a state social service agency. In Ohio, it is the Department of Children and Family Services is the social service agency that regulates day care centers. When a facility is cited by the Department or charged by the police with failing to provide appropriate care, sanctions can result in the form of fines, arrest, license probation, and license suspension. A caregiver, individually, can be arrested and fined as well. It should be noted that the administrative proceeding and criminal proceeding are quite different than an insurance claim and civil case. When rules and regulations are violated, the state can step in to discipline and fine the facility and / or its staff members. For a civil case or an insurance claim, the elements of a case are a bit different especially when it comes to the element of damages. For instance, a facility may violate a bunch of different building codes and get shut down by the state; however, if there are no harm caused to any of the children – there may not be a civil case or insurance claim to pursue. Just because a day care center violates a rule or regulation or even engages in conduct that is criminal in nature – this does not mean that there will be a big settlement or any settlement for that matter on behalf of the child.
Parents rely on day care centers during the working day to care of the child in an environment that is safe and clean. One overlooked area of child care in a day care center can be the sleeping or napping arrangements. Children especially infants are at risk for injury during sleep and nap time. An infant should not be placed in an adult bed or even a toddler bed for that matter. Pillows and soft objects should be removed from the crib area or sleeping area for the infant. Swaddling is also something that many pediatricians and experts advise against.
By Keith Kerfeld, Attorney and David Wolf, Attorney
Parents rely on the day care centers and child care centers for the supervision of their children. There are some obvious risks that need to be accounted for in and around the day care center. For instance, if the day care center is in a busy commercial area, children should be closely monitored to prevent a child from wandering out the door or wandering out of the fenced area and into traffic. Wandering into traffic is an obvious danger. A not so obvious danger involves sleep or nap time. One would think that the safest place for a child at day care center would be the crib or the sleeping area. One would think that a child could not possibly be harmed while engaged in the relaxing slumber of a good sleep or a good nap. However, this is the very time and place in which many children are harmed especially toddlers and newborns when the sleep area is unsafe for the age or size of the child AND / OR when the sleep or nap time supervision is lacking or dangerously non-existent. Most states in the day care and child care regulations set forth rules, guidelines, and regulations for sleep time / nap time related responsibilities of the day care center. One such state is Minnesota.
In New York and other states, there is a nightmare that parents have experienced with a day care center. The nightmare has a common time line. Here is is:
Published by Child Injury Lawyer Network
In Minnesota, day care centers are only as good as the staff that they hire. It is important that a day care center perform a background check, train, and otherwise supervise the staff members providing care to the children enrolled in the day care program. Due to a lack of training, supervision, or just inaction, apathy, or lazziness on behalf of the child care provider, children are far too often injured while under the care of a Minnesota day care provider. There are two major reasons why children are harmed while under the care of a day care center: 1. Improper Maintenance of the Day Care Center; and / or 2. Improper Supervision. Let’s address the second reason: Improper Supervision.
Child Injury Lawyer Blog