By David Wolf, Attorney
Published by Child Injury Lawyer Network
In day care centers and child care centers, children are the unfortunate victims of injuries and deaths due to negligence and improper supervisions. Many such child personal injuries and wrongful deaths are preventable with better more consistent and timely care provided by the day care staff. One danger or risk that can present itself in every day care center is that of choking. Is a day care center liable for the injuries caused by a choking incident in the day care center? The answer to this question depends on the facts and circumstances of the choking incident. Factors that may be considered in evaluating a potential legal case or claim include:
What are the rights of children injured during transportation on a school bus? Millions of children are transported every year on public and private school buses. Yellow school buses are common fixtures in every community. Because of their size and color, school buses are easily seen. Unfortunately, there are many accidents every year involving school buses despite their size and obvious color. What are the legal rights of an injured child during transport on the school bus? The answer to this question depends on the facts and circumstances of the accident. Some school bus accidents are caused by the fault of the driver of the school bus. Some school bus accidents are caused by the fault of another driver. In some school bus accidents, the blame or fault can be placed on the school bus driver and other drivers under the theory of comparative negligence or comparative fault.
In California and other states, children are at risk for personal injuries when walking, riding a bicycle, or travelling as a passenger in a vehicle or school bus to and from school. During the school year, the early morning hours and mid afternoon hours are busy times for pedestrian, bicycle, school bus, and other traffic involving school children. It is during these hours that all drivers and all communities should exercise due caution when travelling near schools, neighborhoods, and any other areas where children may be located. Drivers should obey speed limit signs, school zones, traffic conditions, and the presence of children. It is well known that many children have poor safety awareness. Because of this, the simple act of a driver of slowing down can and will save lives and also avoid serious personal injuries to school children.
In Atlanta and other States, children are transporting to and from day care centers and schools. Some children are transported by school bus while other children are transported by a school or day care center van. The driver of a school or day care center motor vehicle should obey speed limits and traffic control devices. Furthermore, the driver should pay close attention to traffic and road conditions. It is vital that distractions are kept to a minimum and that the driver focus his or her attention on the job of driving and keep the children safe. Unfortunately, children are injured while being transported due to the negligence of the school bus or day care center driver OR the negligent driving of other motor vehicles. Either way, children are put in harm’s way and suffer personal injuries. Some injuries can be addressed by a kind word and a first aid kit. Other personal inuries from a school bus or day care center accident are more severe and require the treatment and evaluation by a local emergency room and follow up by medical specialists.
Should day care centers use GPS and video technology to communicate with parents? While there are some who would argue that we are overly tethered to our technology, most parents and the general public would probably favor technology in day care centers that help promote safety, oversight, and communication with parents. We live in a world filled with single moms, single dads, two income families, and other circumstances that require the use of a day care center. While most parents would rather spend the day with their children rather than at work, economic necessity and practicality come into play when selecting a day care center. The burden and stress relating to the use of day care centers can be lessened to some extent through technology, oversight, and accountability. Some day care centers are embracing and using new technology with great enthusiasm. Furthermore, these day care centers can use the availability and use of technology as a “sales pitch” of sorts to parents considering a day care center. For instance, a parent can get text alerts and photo alerts from some day care centers providing a status of the child’s condition and activity during the day. Some may believe that getting a text every time a diaper is changed is micro managing but it is better to micro manage than to have a child forgotten and in a wet or soiled diaper during the day. Most day care centers do a fine job with the children and supervise the children in a safe and clean environment. For these day care facilities, the use and employment of cameras, mobile phones, and GPS technology merely help broadcast the quality care and attention that is being provided. For other day care centers, however, the use of this technology may bring to light problems and issues that can be resolved so that the child is provided the appropriate and timely care and attention that the child deserves. See 
In North Carolina and other states, school boards of policies and procedures are often times available on the school Board’s website. Is it important to have these procedures in place? The answer is “Yes”. Is it important to follow these policies and procedures? The answer to this question is a resounding “Yes”. Emergency policies and procedures are an important part of every school Board’s procedure manual. For each and every school district, bus drivers and assistants should be aware of these policies and procedures. Training is vital for those who driver and / or supervise children being transported to and from school and / or field trip activities. At times, a school employee fails to follow a procedure or policy regarding transportation and supervision. In these instances, injuries can take place.
In most houses, apartments, mobile homes, and other residences of children, there is an area of the home that is often times the location of serious injuries and in some cases – the death of the child. This location is the bathroom. There are a number of dangers that can be present in the bathroom including the following:
When selecting a Georgia day care center, it is important for parents to obtain and review information regarding the day care center. While prior records and surveys do not insure that a child will be kept safe, it is helpful to review these documents and information to make an informed decision as to the selection of a day care center. Once a child is enrolled in a day care center, parents should continue their due diligence of evaluation, review, and inspection of the day care center. Parents should visit frequently and at different times of the day. Parents should take the time to get to know the administrators and staff members at the day care center. When possible, it is also helpful to befriend other parents to share information and observations of the day care center.
When a child is supervised or otherwise under the care of a school or day care center, parents hope and expect that the teachers, aides, and other child education or child care providers provide a safe learning environment free from abuse and neglect. While most educators and child care providers are good people, some use this position of trust and authority to prey on children and use the very position of trust to abuse, neglect, and otherwise harm children under their care. It is most unfortunate and tragic that incidents of abuse and neglect continue to take place today by teachers and child care providers. When a child is harmed, neglected, battered, and / or assaulted by a teacher, aide, or other child care provider, there are two types of case that can be pursued: 1. Criminal Case and 2. Civil Case.