By David Wolf, Attorney
Published by Child Injury Lawyer Network
Infants are at risk for suffocation and asphyixation when they are put to bed with pillows, loose blankets, and / or stuffed animals. If you ask most parents if they would put a plastic bag or a sheet of plastic in a crib with an infant, most parents will say that is ridiculuous and reckless in that it puts the child at risk for suffocation. Clearly, it would be a rare occurence for a parent, day care center, or other child care provider to put an infant to bed with a sheet of plastic or a plastic bag for these very reasons. However, many parents and child care providers fail to recognize the risk associated with blanets, pillows, and stuffed animals in the crib or sleeping area of a child. In fact, some blankets and pillows have cartoon characters on them and seem like a good, soft environment for a child to sleep on or near. The very problem with these items are the softness which can quickly turn into a trap if an infant becomes face down or in contact with the soft items to the point that breathing is cut off and / or drastically affected. It was recently reported in Arkansas that an infant died after she was put to sleep near two pillows. It was reported that the infant rolled over and ultimately suffocated. The mother was out of the room for a short period of time. This incident is one of many that unfortunately take place when a child is in a crib or sleeping area near soft objects.
In Seattle Washington and other locations, day care centers have the responsiblity to supervise children in a safe and nurturing environment. One may think that sleep or nap time may be the one time of the “child care” day that is the safest for children. However, the truth of the matter that sleep or nap time can be a very dangerous time for a child especially when the day care center provider fails to provide a safe environment and even negligently allows dangerous conditions or items to be in or near the child’s sleep area.
A problem that has been reported throughout the United States involves hot car deaths and heatstrokes resulting from leaving a child unattended in a vehicle that is turned off. Some child care providers leave children in a vehicle for a quick errand and see no harm in leaving a child alone in a vehicle for a few minutes which is all that is needed to cause serious permanent injuries or even the death of a child. In some instances, the child is left unattended in a vehicle due to inattention and other matters occupying the mind of the parent, child care provider, or other person. Incidents involving hot care deaths can be prevented. Whatever reminder system can be put into place – the impact can be quite dramatic if even one child is spared the horrendous end of life mistake by another person by leaving the child unattended in a vehicle.
In order to limit claims and lawsuits against summer camps, administrators often utilize or attempt to utilize general releases as tools to stop or prevent or discourage parents taking action against the summer camp or its insurance company. One common question that is often presented to me as a Child Injury Lawyer is the following:
Summer camps and playground should be locations where children enjoy the joy of free time and fun. It is a time to make the most of summer in an active and usually safe environment. Unfortunately for some children, playgrounds are the sites of serious personal injuries for children. When a child is injured during playground activities, is there always a legal case or claim to pursue? The simple answer to this question is No. It is important to note that the word “always” makes a big difference in the question posed about legal rights and responsibilities.
On any given day, the parking lot can be a dangerous area for child. This is especially true during operating busy hours at day care centers, schools, and summer camps. During pick up and drop off times, there is a crowd of vehicles that enter and exit the parking lot area. Because it is well-known that both vehicles and children will be in close proximity in parking lots of day care centers schools and summer camps, it is important that administrators, teachers, counselors, and other monitors pay close attention, put safety precautions in place like ropes, flags, and cones, and direct both pedestrian and vehicle traffic in a careful and reasonable manner.
Proper maintenance and supervision are essential for the safety of children in school, day care, summer camp, and other locations. There have been reports of children suffering serious injuries even dying as a result of items being left in and around the playground. Two recent incidents involved the strangulation of a child in a playground. One was strangulated by a jump rose and the other was strangulated by some type rope or twine. If the items were not left in the playground area and / or there was proper supervision in place, the incidents would have likely been prevented.
Day care centers, schools, summer camps, and other child care care providers should have protocols and procedures in place to prevent what is been termed Hot Car Deaths
Day care centers should be safe havens for children. They should be a place where children are taught, supervised, and nurtured in a supportive environment. Unfortunately for some children, day care centers are anything but a safe haven for children. Some children are even the victims of criminal actions of the very people charged with caring for the children. When the conduct of a day care center worker rises to the level of maliciousness or recklessness, criminal charges may be brought against the day care center worker for crimes as defined by the State laws and, in some cases, the applicable Federal laws.