Child Injury Lawyer Blog
By David M. Baum, Attorney and David Alan Wolf, Attorney
Published by Child Injury Lawyer Network
Children should be provided with a safe and clean educational environment while under the care of a day care center. Many day care facilities provide such an environment for children. Others, however, fail to meet their obligations. Unfortunately and tragically, children are sometimes the victims of the bad acts and conduct of family members of the day care center owner. This often times takes place in a home day care center. While background checks and training are checked for employees, family members often go under the radar of the owner and the State licensing agencies.
In the State of Washington, children are passengers on school buses in the morning and afternoon hours on school days. It is important for school bus drivers and other drivers to obey traffic signals / speed limits and otherwise pay attention to road, traffic, and weather conditions. Unfortunately, there are many/ accidents that take place every year in the State of Washington that involve school buses or day care center vans. When an accident takes place involving a school bus or day care center van, children can be the unfortunate and sometimes tragic victims of the crash. Roll over accidents are especially troubling as these school bus accidents frequently involve serious personal injuries to the occupants / passengers of the school bus.
Is coaching youth sports dangerous? This seems like a silly question but the fact of the matter is that coaching youth sports can be dangerous. Even in youth sports, tempers flare, fights take place, and, yes, at times, coaches are attacked by parents. It is unfortunate that parents and coaches alike often times lose touch with what the focus should be in youth sports. Winning and competing are important concepts especially as the teams advance in age and skill. However, whatever the age, there should be consideration of the child’s self esteem. Furthermore, parents should keep in mind that parents are role models for the children. It is not just the coach that children look up to. Parents should do their best to set a good example for their children before, during, and after the game. A game or match is a time to compete. Each play and minute of play are also excellent opportunties to learn life lessons.
In Wisconsin and other States, children enrolled in schools, day care centers, and child care centers are at risk for injury from negligent acts and disciplinary measures that lead to Shaken Baby Syndrome. When a day care provider, child care provider, babysitter, or other supervising adult or teen gets frustrated with life or the behavior of a child, the anger, frustration, or ignorance, at times, leads to the shaking of the baby. This, in turn, can cause serious personal injuries and even death to the child. Shaken Baby Syndrome is classified a neurological injury to the brain of the child. The mechanism of the injury results from the child’s head being whiplashed back and forth or by the blunt force trauma of a wall, floor, or other object. In only a few seconds of neglect, a child’s life can be forever affected. It is well known and documented that disabilities in the form of function and cognition result from Shaken Baby Syndrome.
In Alabama and other States, children will at times misbehave and disobey instructions by parents or guardians. While it is appropriate to punish punish or discipline a child for bad behavior, it is important for parents and caregivers to recognize and understand that physical forms of punishment can lead to serious personal injuries in some instances the unfortunate and tragic death of a child. It was recently reported that a child died as a result of complications from dehydration relating to punishment that was given to the child for eating a candy bar. The child was forced to run for a three hour time period until the child eventually collapsed from exhaustion and dehydration. Law-enforcement officials have arrested two women who were supervising child at time for crimes related to this incident. See 
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 Ohio, the death of a child – whether an infant to a college student or older – is a parent’s worst nightmare. The death of a child in most cases is unexpected and often times preventable. It is most unfortunate when a child’s life ends as a result of the neglience and carelessness of others. When a child (even a child over the age of 18 years of age) dies as a result of the negligent acts of others, a claim or lawsuit can be pursued by the parents and / or estate of the child. The Ohio Wrongful Death case must be brought by the personal representative of the Estate of the deceased child. The following damages can be claimed pursuant to the Ohio Wrongful Death Act: