Child Injury Lawyer Blog
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Indiana and other States, parents rely on day care centers to provide for a safe educational environment for children while the parents fulfill work commitments and other obligations. In most day care centers, the child is cared for in an environment that is well maintained. Furthermore, in most day care centers, the child is properly supervised and monitored during the day. Unfortunately, there are some day care centers out there that cut corners, fail to hire adequate staff, fail to maintain the facility in proper repair, and otherwise fail to follow State regulations as to licensing, training, staff to child ratios, and other matters. While it is not realistic that every single incident of an injury will be avoided by following rules and having proper staffing, many such injuries can be avoided. This is especially true for serious injuries and incidents that lead to the unfortunate and tragic death of a child enrolled in a day care center. When a child suffers injuries or dies as a result of day care center negligence, neglect, and / or abuse, a legal case can be pursued if four elements can be established as follows:
In Texas and other States, children are enrolled in schools, day care centers, after school supervision, sports leagues, and other programs. While enrolled in these programs, children should be supervised in an environment that promotes their education, safety, and well being. The teachers, aides, coaches, and others should be subjected to background checks. Furthermore, they should act professionally and have the proper demeanor and attitude to work with children. It takes a certain disposition and personality to work with and supervise children. Some have what it takes to properly care or and supervise children while others do not. Unfortunately, children are often injured by the very people who are employed to care for them. When a child is injured at a school, day care center, after school program or other program / facility, there are often challenges and issues to the case or claim. Because of these challenges and complexities, it is often times helpful to consult with a Child Injury Lawyer for advice and legal representation.
In Mississippi and other States, accidental shootings cause personal injuries to children. Some shootings are absolutely preventable while other incidents / events may be less foreseeable and preventable. Gun ownership is protected by State law and Federal law; however, it should be noted that with gun ownership comes responsibility. This is especially true when children are in the area where the guns are stored or kept. Whether the guns are stored at a home, business, or other location, gun owners should exercise due diligence in safekeeping the gun / firearm away from the curious eyes and hands of children.
In Pennsylvania and other States, day care centers and child care facilities have a duty to supervise and educate children in a safe and clean environment. There are a number of excellent day care center facilities in Pennsylvania and elsewhere. The day care centers that are properly licensed, have trained staff members, and otherwise comply with State and local laws and regulations are generally more likely to provide the safe educational environment that the children need and deserve. Unfortunately, there are a number of day care centers especially in-home day care centers that fail to get the proper licenses, fail to train staff members, and otherwise violate a whole host of laws and regulations. For those operating under the radar and without any structure or State oversight, children are put at risk and danger. Unfortunately, many children are injured in unlicensed and unsafe day care centers far too often. When a child is injured at a day care center, there may be a case or claim to pursue against the day care center. Here are some factors that a Child Injury Lawyer will consider when evaluating a day care center case for the purpose of filing a lawsuit against the facility for personal injuries sustained by a child.
In Texas and other States, school bus drivers and day care center van drivers have a duty to drive in a safe manner, to obey posted speed limits and traffic control devices, to supervise the children being transported, and to make sure that children are removed from the bus after arrival at school or the intended destination. It is a relatively simple act to remove children from the bus after arrival at the school, day care center, or intended destination. The school bus driver / day care center van driver should do a visual inspection and then walk through the entire van or bus checking each seat and row for children.
In Ohio and other States, children are, at times, injured as passengers in motor vehicles. In most accidents, the child is injured as a properly seated and restrained passenger in the vehicle. While in other accidents involving injuries, a child suffers personal injuries due to the lack of a seat belt and / or riding in or neat the vehicle as a stunt of sorts. For instance, some children have been injured while riding on the hood or trunk of vehicles. Others have been injured when towed by a vehicle while riding a skateboard, scooter, bicycle, or other wheeled device. Whether a child is injured by run of the mill automobile accident or one involving unsafe riding or stunts, a case or claim can be pursued by the parents of the injured child for the damages sustained as a result of the automobile accident, bicycle accident, and / or pedestrian accident.
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.
In Arkansas and other States, day care centers have a duty to supervise, educate, and otherwise care for the children in a safe and supportive environment. The day care center should screen, background check, and train employees AND volunteers as necessary. The safety and well being of the children should be the focus of the day care center. At times, parents and others will request to serve as volunteers at the day care center. While most volunteers are caring individuals who only want to serve the day care center and community with their time and efforts, some volunteers have ulterior motives and visit the day care center as voyeurs or worse yet molesters seeking their next victims. It is certainly a study in contrast in that volunteers may be the most altruistic or the most vile. Again, most volunteers have good intentions and good motives; however, because of those that seek to prey on children in day care centers, schools, and sports organization, it is important that background checks are completed and that ALL volunteers are properly supervised and NOT given the opportunity to abuse or otherwise harm a child in a day care center, child care facility, school, or other location.