By David Wolf, Attorney
Published by Child Injury Lawyer Network
Firework injuries to children and others seem to spike during the July 4th time period. People are enthusiastic and eager to celebrate America’s Independence. Unfortunately, injuries result from the lighting off of fireworks by untrained individuals. Furthermore, the lighting of fireworks that tend to fly through air and spin around aimlessly tend to be quite dangerous especially when lit in confined areas like urban areas, backyards, and residential driveways and streets. Individuals with experience lighting off fireworks feel that they have a good working knowledge of the fireworks and how to light them off in a safe manner. If this was the case, there would not be so many visits to the emergency room due to firework related injuries. It was reported that over 11,000 people were treated in an emergency room as a result of firework related injuries including those related to firecrackers, sparklers, and bottle rockets. You can read more about the statistics related to Fireworks Related Injuries at Experts Urge People to Leave Fireworks to Professionals.
In Philadelphia, Pennsylvania and other cities, children are customers of various business establishments, restaurants, malls, playgrounds, department stores, and other areas. Watch television on any given day and you will actually see commercials directly targeting children to come visit the store and purchase the products. Unfortunately, some visits to stores and restaurants result in personal injuries and in some instances the tragic death of a child. It was recently reported that a horrible tragedy took place in Philadelpha, Pennsylvania. It was reported by USA Today and other news outlets that 3-year-old girl died as a result of security gate becoming detached from the front of Rita’s Italian Ice Shop and fell on the girl. Philadephia Police Department officers and emergency rescue responded to the scene. The girl was transported to Hahnemann University and died soon after arrival.
Before selecting a day care center for a child, a parent should do his or her own “homework”. In other words, the parent should do some research and due diligence to determine if the day care center is a good fit for the child and that the day care center is properly staffed and licensed to provide the necessary and proper care for the child. Here are some question to ask and information to obtain when considering a day care center for a child:
Summer is filled with adventures, vacations, swimming, and boating activities. It is a great time to spend with family and friends and to be active in the great weather. With great fun and adventure, there should also be the concepts of safety and supervision in mind especially when there are children participating in these activities. It should be noted that drowning is still a major casuse of death in children. While rates have been declining in recent years, drowning is still listed as the second leading cause of death in children between the ages of 1 to 18. Drowning deaths are limited to large bodies of water like oceans, rivers, and lakes. A child can also drown in a swimming pool, wading pool, portable pool, and even a bucket of water. As such, it is important for child care providers and parents to provide consistent supervision when children are in or near swimming, boating, and any place else there is a risk for drowning or personal injuries. The American Academy of Pediatrics provides the following as tips for child safety and drowning prevention:
In Georgia and other States, a day care center has some basic responsibilities including the duty to keep a child out of harm’s way. In any given day care center whether in a commercial type of facility or a home based day care center, there are many dangers. Some are obvious and some are not so obvious. Dangers that could result in personal injuries to a child include: firearms, drugs, poisons, sharp objects, pools, lakes, bathtubs, hot water, household cleaners and chemicals, ropes including jump ropes (risks of strangulation), and many other dangers. A day care center and its staff should use their best efforts to keep these dangerous items out of the reach of children. Furthermore, it is vital that consistent and adequate supervision be provided to children enrolled in the day care center. While a day care center is not necessarily legally responsible for all injuries occurring at the day care center, a day care center is liable when the injuries were foreseeable to some extent and preventable with reasonable and necessary safety precautions and proper supervision. Certainly, any injury intentionally inflicted by a staff member can be actionable as a legal claim or case.
Every day care center had a duty to provide for the supervision, education, and recreation of children while parents are busy with their jobs. While at the day care center, parents expect that their children will be supervised, fed, entertained to some extent, and otherwise kept out of harm’s way. One essential and vital duty of every day care center in the nation is to make sure that each and every child remains under the watch or supervision of the day care center. Unfortunately due to lack of proper staffing, lack of supervision, and/or lack of proper safety precautions, children often wander away from a day care center andwalk out into the community near streets, strangers and other dangers. Many such instances are reported to state agency that regulates day care centers and to news media outlets.
In Texas and other States, day care and child care providers have a duty to provide supervision in a safe, nurturing educational environment for children. While many child care providers do an excellent job in supervising children in a day care centers, some child care providers are just in the wrong field of work, lack common sense, and often put their own needs and selfishness over the best interests of the children. There have been a number of reports across the United States of abuse and neglect in day care centers. One recent report involved a Fort Worth area day care center Heart2Heart Montessori Academy. It was reported by a various news and media outlets that a child was duct tapped down to a mat during nap time while wrapped inside a blanket. The child was only 3 years old. The photographs that circulated around town and through the Internet are quite disturbing especially considering that the child was enrolled in a licensed day care center charged with the safety and well-being of this young child. You can read more about this case at 
In Indiana and other States, day care providers have a duty and responsibility to provide reasonable and necessary supervision of children enrolled in the day care program. Some of these duties and responsibilities are specifically listed in laws, ordinances, regulations, and guidelines. Some are set forth by the day care center and / or its parent company itself. In many instances, when there is not a specific law or regulation in place as to a particular supervision challenge, some duties and responsibilities arise from the situation itself. Due diligence and common sense can go a long way to protect children and prevent the untimely and preventable injuries and deaths that take place too often in day care centers in Indiana and other States.
In South Glens Falls, New York, a horrific event unravelled right before the eyes of children, adults, and bystanders. During a 25 MPH wind gust, a bounce house lifted off the ground with three children inside. The bounce house was lifed 50 feet into the air. Serious personal injuries resulted from this incident. The children were taken to Albany Medical Center for treatment. It was reported that the bounce house was distributed as a Little Tikes bounce house. You can read more about this story at B
As a Child Injury Lawyers, we are often asked the following question: Does corporal punishment have a place in day care centers? The simple answer to this question is No. Most States prohibit any form of mental or physical corporal punishment in day care centers. In other words, there are specific laws and / or administrative code proceedings that prohibit this kind of conduct in day care centers. While some parents believe in corporal punishment and would acquiesce if a day care center implemented some forms of corporal punishment, it is typically prohibited. Of course, each State has its own rules, laws, and regulations. As such, the applicable provisions should be reviewed, considered, and enforced when there is an issue, concern, or report of corporal punishment taking place in a day care center. Often times, corporal punishment in a day care center is implemented without any concern or thought as to the physical or psychological impact of the child. Furthermore, many acts of corporal punishment are implemented without the knowledge or consent of the parents. In many instances, the implementation of corporal punishment is an indication of the immaturity of the care givers as well as their lack of training and supervision.