Child Injury Lawyer Blog
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Northview Heights, Pennsylvania, a tragic death of a 4 year old girl – Shaniya Darby-Sims – was recently reported. A television set weighing approximately 60 pounds fell off of a dresser and onto the 4 year old year old. The mother – Shamika Darby – found her daughter upstairs and removed the television set off of her and then started CPR. The child was later rushed to Children’s Hospital where she later died. See Northview Heights Girl Dies from Television that Tipped Over.
In Ohio and other States, children should be provided with adequate and appropriate care in a child care / day care center. Children should be supervised in a caring involvement free from abuse and neglect. Unfortunately, many children are injured in Ohio day care centers due to negligence and some due to the intentional acts of day care workers. Corporal Punishment is a form of discipline used by some child care providers. Physical and emotional acts of discipline can have a lasting effect on a child. Whether Corporal Punishment results in physical injuries or not, it should be reported to the facility and to the State licensing authorities.
Old world met New World in a New York FedEx/buggy accident that resulted in serious personal injuries to Amish adults and children in St. Lawrence / Mussina. Any time that there are slow moving vehicles present – other drivers should slow down and do their best to give some room and deference to these other vehicles. Whether it is a horse drawn carrier, bicycle, cart, or other object on wheels, it is the best practice to slow down and give room to these vehicles that are travelling on or near the roadway. An otherwise peaceful day turned to tragedy and suffering when this Federal Express truck and Amish buggy collided.
Children are often times injured on playgrounds at schools, day care centers, community associations, counties, cities, and other locations. When a child suffers an injury at a playground, there may be a civil claim or case for the personal injuries suffered by the child. Some child personal injuries that take place on a playground center are actionable due to the negligence of the school, day care center, property owner, adult supervisors, and / or the manufacturer of the playground equipment. Of course, there are some risks with any playground center; however, if an injury resulted from a dangerous design or defect, improper maintenance, or improper supervision, then a civil action or claim may be warranted to pursue damages and compensation for the child’s injuries.
In the State of Indiana, religious and church based day care centers are exempt from certain Indiana day care and child care rules and regulations. The day care regulations that apply to commercial and in-home daycare centers do not apply across the board to religious or church based day care centers. In the State of Indiana, there is a regulation call commonly referred to a sight and sound supervision. This regulation requires that a day care center have a staff member within the “sight and sound” of each child under the care and supervision of the day care center. See 
In the State of Washington, children should be provided a safe educational environment. Unfortuantely, children are injured at schools, day care centers, and playgrounds. Some injuries and incidents are preventable with more timely care and supervision. Other incidents are tragic and there is no blame to lay on the person, school, or day care center. A recent shooting was reported at Armin Jahr Elementary School in Bremerton Washington. It was reported that a third grader was accidentally shot by another student at the school. It is believed that another third grader had brought the gun to the school. In cases of this nature, there are several issues that will be part of the investigation including but not limited to the following:
The Georgia Department of Family and Children Services is the State of Georgia agency responsible for the supervision and monitoring of foster care child placement in Georgia. It is the responsibility of the Department of Family and Children Services and the staff members to properly monitor and document foster care that is provided for children under the authority and supervision of the State of Georgia. Unfortunately, at times, the system and staff members of the Department of Family and Children Services fail a child or “drop the ball” which, in turn, can cause serious personal injuries and the deaths of innocent children.
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.