By David Wolf, Attorney
Published by Child Injury Lawyer Network
In California and other States, children are enrolled in day care and child care programs. It is vital that the day care center conduct thorough interviews and background checks of the staff members hired at the day care center. There should also be thorough interviews and background checks of volunteers as well. In addition to staff members and volunteers, family members of staff members and owners also come into contact with the children enrolled in the day care center / child care center.
When a child especially up a child, under the age of 1 year old, dies at the daycare center, it typically is reported by the local newspaper and television station. Just because a child dies at the site of the day care center does not mean the day care center is liable or responsible for the death of child. The standard of proof in a wrongful death case against the day care center is generally one that requires the proof of negligence and causation proven by the preponderance of evidence. In other words, the evidence must prove the following element of the case by the greater weight of the evidence:
Parents, schools, relatives, day care centers, and schools that transport children should use booster seats for children 4 feet 9 inches and shorter and / or children up to 8 years old. A study organized by Boston Children’s Hospital – Division of Emergency Medicine support the use of booster seats for these children as a measure to reduce injuries and deaths resulting from automobile accidents. The study analyzed data including whether or not the fatality took place in a State with or without a booster seat law for children. It was reported that States with a booster seat law in place reported a 20 % lower rate of death and serious personal injuries resulting from automobile accidents. The American Academy of Pediatrics recommends the use of booster seats as do many child safety advocates. Unfortunately, the booster seats are used for approximately 50 $ of 4 to 5 years old and only 35 % for 6 to 7 years old. You can read more about this study and the findings at 
In Pennsylvania and other States, children are the unfortunate victims of accidental shootings and gunshot type of injuries. There are constitutional rights and protections for gun owners. However, with any right and ownership, there is also a degree of responsibility that goes along with it. Whether it is a vehicle, guns, other other object, a parent owning and / or using such items should do so responsibly and with due care. This is especially true when there are children in the area. Like other types of cases involving injury or death, there are typically four legal elements to the case:
In Oklahoma and other States, children are enrolled in day care centers while parents are busy with work and other commitments. It is important that the day care center employees and staff supervise the children in a caring environment that focuses on the health, safety, and well being on the children. It certainly is not easy working as a day care worker, child care providers, and / or administrator. The job takes patience, common sense, attentiveness, and a certain degree of dedication to the needs of the children. A day care center is not a place for a person who lacks patience and / or uses force, threats, and / or rough handling to deal with the children enrolled in the day care program. When a child is injured at a day care center, the parents should contact a Child Injury Lawyer for advice, consultation, and possible legal representation. While not injuries turn into cases or viable claims, injuries that result from rough handling, corporal punishment, rough handling, lack or supervision, and / or other negligence should be pursued to obtain the rightful compensation for the injured child.
Question: Can a Day Care Center or After School Program Be Sued for Child Injuries Caused by Another Child in an After School Program? Answer: Yes. When a child is enrolled in school or an after school program, the school has a duty to provide adequate and appropriate supervision of the children participating in school and after school activities. The four basic elements of a legal case against an school or after school program typically consist of the following:
Halloween is a great time for fun and celebration for children, families, and neighborhoods. With all of this activity, there are also risks and dangers to children. It has been reported that Halloween is one of the top three holidays associated with children being sent and treated at an emergency room. The other two holidays are Memorial Day and Independence Day (Fourth of July). It is estimated that over 40 million children will participate in Halloween trick or treat activities this year. Because of the sheer numbers who will be out in the streets and neighborhoods along with the fact that Halloween is traditionally celebrated at night, many children are injured every year during Halloween.
In Indiana and other States, parents rely on day care centers to provide for a safe educational environment for children while the parents fulfill work commitments and other obligations. In most day care centers, the child is cared for in an environment that is well maintained. Furthermore, in most day care centers, the child is properly supervised and monitored during the day. Unfortunately, there are some day care centers out there that cut corners, fail to hire adequate staff, fail to maintain the facility in proper repair, and otherwise fail to follow State regulations as to licensing, training, staff to child ratios, and other matters. While it is not realistic that every single incident of an injury will be avoided by following rules and having proper staffing, many such injuries can be avoided. This is especially true for serious injuries and incidents that lead to the unfortunate and tragic death of a child enrolled in a day care center. When a child suffers injuries or dies as a result of day care center negligence, neglect, and / or abuse, a legal case can be pursued if four elements can be established as follows: