By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Missouri and other States, there are dangers in virtually every community in the form of old buildings and old building codes. In Springfield, Missouri and other cities, many buildings are not subject to current building codes. Some of the newer codes require stricter regulations as to the construction and security in and around windows. This can be especially dangerous for children living in or visiting multi-story townhouses, homes, apartment complexes, and commercial buildings. With older codes, there are less restrictions as to window barriers and screens. This, in turn, can present a danger to children. It was reported in Springfield, Missouri recently that a 4 year old fell put of a third floor window and tragically died from the fall related personal injuries. See 4 Year Old Child Dies in Springfield, Missouri.
In Wisconsin and other States, day care centers should be safe havens for children. They should be placed where children are well cared for in supportive, nurturing environment. Unfortunately, some day care center employees and volunteers abuse the children under the care of a day care center. These reckless employees and volunteers use their positions of trust to prey on children. Some are caught while many others go undetected only to go on to abuse more children along the way.
When deciding on the selection of a day care center OR when deciding on the continuation of care with a day care center, a parent should do his or her homework. This includes checking with the local State agency that licenses and regulates day care centers to find out the following:
During both the school year and summer time, children are transported by school buses and day care center vans. If a child is injured while being transported, what are the rights of the injured child? There are a few factors to consider regarding these personal injuries:
Parents rely upon day care centers for the supervision and education of their children. Day care is a necessity in order to allow parents to fulfill their work commitments and provide for their families. A quality day care center focuses on the needs, safety, and the best interests of the children. At times, children are injured while under the supevision of a day care center which then presents a whole host of challenges for the parents.
When child is injured as result of the negligence, fault, or carelessness of another person, business, or government entity, the parent of the injured child should seek out legal advice to determine the respective rights of the injured child and the liabilities of the the tortfeasor – wrongdoer. It can be quite overwhelming to find the right lawyer to handle the case. Parents in search of a lawyer to handle a child injury case should know a few things:
In the United States, we have a constitutional right to bear arms. A right that is very important to gun owners and people who feel strongly about the Second Amendment. Even though there is a right to gun ownership, it does not mean that the handling, storage, operation, and maintenance of a gun is without responsibility. A gun owner should take reasonable efforts to secure and safeguard guns in his possession. This is especially important in homes, day care centers, and other areas where children live or children visit. It is important for a gun owner to be trained and obtained knowledge as to the proper maintenance in to avoid any malfunctions during use and even to avoid any malfunctions or accidental shootings during the cleaning and maintenance of the gun. Unfortunately, children are injured and even die every year due to an accidental shooting and/or the negligent maintenance, ownership, or storage of a gun. When there is a shooting, there can be a criminal case prosecution if local law enforcement and the state or district attorney determine that the acts were criminal in nature under the applicable laws, statutes, or ordinances. An incident is certainly committed and can be prosecuted if it was committed with intent. An incident can also be deemed criminal in nature if the condut of the shooter and / or the gun owner was reckless in nature. Separate and apart from the potential criminal case, there may be a civil case to pursue against the gun owner, shooter, and / or property owner where the incident took place. A civil case, unlike a criminal case, seeks compensation for not only medical bills but also for pain, suffering, and loss of enjoyment of life. Typically, there are four elements to a civil cause of action involving allegations of negligence or carelessness as follows:
In the United States, some businesses including gyms have undertaken the responsibility of babysitting or child care while members are in other parts of the facility. A gym has no duty per se to watch children in general. Furthermore, there typically is no legal requirement for a gym to create, monitor, or supervise a child care area; however, when a gym undertakes or assumes a duty or responsibility then it should do so in a reasonable manner. Some people may believe that there are no regulations for a gym day care center. As such, a gym day care center or child care – babysitter area can act as it pleases and staff as desired. These type of unregulated day care centers should still be subject to a reasonable care standard. For instance, a gym cannot and should hire a convicted child sex offender to watch and care for the children at the day care center. This goes the same for a person with a violent criminal history. Furthermore, the gym child care area should be reasonably inspected for hazards and reasonably maintained by the staff of the gym. As for supervision, this should also be set forth by a reasonable standard. For instance, jump ropes and twine should not be left around infants and toddlers as there is a risk of strangulation. All poisons and other hazards should be kept away from the access of the children at the gym babysitting area.
In the United States, families travel at different times of the year including summer break, winter break and spring break. During most trips, the vacation is filled with fun, laughter, and good times. It is often a pleasurable adventure to be able to stay in a hotel, resort or motel. Unfortunately, some visits to hotels end very poorly in the firm of personal injuries to a child. Is a hotel liable for all injuries that take place on premises? The simple answe is No. A hotel is not liable for all injuries or incidents but is responsible for the ones in which the following elements can be proved: