By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Georgia and other States, there are a number of day care centers that operate without a license in place which means that there typically is a lack of oversight by government entities of these facilities. Some unlicensed facilities actually provide decent child care and supervision; however, it is a risky venture to put a child in an unlicensed day care center. For starters, the operators of the day care center are already breaking rules by opening up the day care center. If one rule is broken, there is a strong probability that many rules are broken. This, in turn, can lead to unsafe and dangerous conditions being rampant at an unlicensed child care facility.
In every community, children can be seen playing in the neighborhood and throughout the community. It is common to see children in crosswalks, roadways, sidewalks, and other areas that may present a danger to them. Drivers should slow down in residential communities, parking lots, and other areas with child pedestrians. Unfortunately, children are injured far too often in driveways, parking lots, streets, crosswalks, and other areas as pedestrians. When a child pedestrian is injured as a result of an automobile accident, a parent is often faced with many issues and challenges including the following:
In California and other States, there is a danger present in most homes, schools, day care centers, and other facilities where children are cared for or supervised. The danger is quite common but not something that is so obvious to many parents and child care givers. The danger is associated with televisions and unsecured furniture. These items can fall and over tip over on a child. Sometimes, an incident happens when a child or another person bumps into, moves, or climbs on or near the television or unsecured bookcase or other furniture item. The weight of these items falling on a small child can cause serious personal injuries and, in some instances, the tragic death of a child.
In Wisconsin, day care centers, that provide for transportation on a van or a bus for six or more passengers, are required to have a safety alarm installed. The law was put in place in response to the tragic death of Jalen Knox-Perkins who was mistakenly left in a day care van by a Milwaukee Wisconsin day care center. Jalen was only 4 months old at the time of the incident. The death of this child was a loss for the family, day care center, and community. The death of Jalen Knox-Perkins helped, in part, convince lawmakers in the State of Wisconsin to pass a law requiring safety alarms be placed in day care center vans and buses.
When a child is injured or dies at a day care center, a parent is often faced with a number of issues and challenges. Many questions come to mind. How could this happen? Did I leave my child in the wrong facility? What exactly happened? What am I going to do next? What should I do next? As a Child Injury Lawyer, I am often contacted after a child is injured or when a child dies while under the care of a day care center. Here are the key factors that are evaluated when a child is injured or dies at a day care center:
Parents rely on day care centers to provide a safe educational environment for children. Unfortunately, many children are harmed in the very place where they should be safe. In some instances, a child enrolled in a day care center is harmed, attacked, assaulted, or molested by another child in the day care center. An attack at a day care center can have a profound effect on the victimized child as well as the family of the victimized child. Is a day care center liable for the injuries or damages caused by the attack of a child by another child enrolled in the day care center? Like many legal issues posed to me as a Child Injury Lawyer, the answer depends on the laws and regulations in place, the actions or inactions of the day care center, the knowledge on the part of the day care center, the foreseeability of the incident, preventability of the incident, and other factors.
As technology becomes more advanced and prevalent, the number of children with hearing loss grows. In the United States, twelve to fifteen percent of the 10 million people with hearing loss are school-aged children. The abundant use of new-age technology like music players and gaming systems have contributed to this increased percentage.
Parents devote the greater part of their days and nights to the support, education, and welfare of their children. Many parents rely on day care centers to help supervise their children while the parents are at work. It is common to see children raised in a single parent home or by two working parents. When selecting a day care center, convenience and price are just two of many factors that should be considered by a parent. Other factors to consider include: the licensing of the facility, the background and training of the staff members, the type of facility, condition of the facility, staff to child ratio, activities provided, and other factors.
Children require supervision due to a number of reasons. One involves the risk of choking. The level of risk depends on the age and physical development of the child. In the day care center, a child can choke on a food object or an everyday object like a coin, part of a toy, and other objects. Because of the real risk of choking, it is important for a day care center and its staff to maintain a safe environment that is free from hazards including those relating to choking.
In California and other States, parents rely on day care centers, schools, after school programs, camps, and gyms for child care. In most instances, the children are supervised in a caring environment. Depending on the State, size, and location of the child care facility or program, the child care center may or may not be required to have a day care license by the applicable licensing authority.