Child Injury Lawyer Blog

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Kansas daycare provider admitted to forcing children to put sand in their mouths as a form of punishment. According to a report by a local television station, the daycare provider also admitted to spanking the children. Children attending the daycare center claimed she hit them with a flyswatter and put hot sauce or baking soda in their mouths when the children used bad language. As a result of these punishment methods, the Enterprise, Kansas daycare center, Munchkin Manor Day Care, has lost its license. The daycare center has 15 days to request a hearing on the revoked license. If you would like to read more about this story see Kansas daycare center loses license because of harsh punishments on children.

The method of punishment employed on disobedient children is generally a parental or caretaker's decision. However, parents, caretakers, daycare providers and babysitters need to be careful not to cross the line between punishment and physical abuse. Physical abuse upon children can result in a lifetime of physical and emotional injuries for the abuse victims. State legislatures are creating state laws that will require stricter screening procedures for the daycare workers and the licensing of the center. To read more about the stricter screen procedures see Michigan Governor Signs Day Care Laws - Stricter Reporting Requirements Should Provide Parents with Better Information About Michigan Day Care Centers.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Between 1998 and 2009, 445 children died from heat stroke after being left unattended in a vehicle; that is an average of 37 child deaths per year. As temperatures are soaring during the summer months, Safe Kids Kansas reminds parents to check their vehicles for sleeping children before leaving a vehicle.

Heat poses more risks to children than to adults; a child’s core body temperature can rise 3-5 times faster than an adult when left in a hot automobile. A child’s core body temperature can even accelerate at the rate on days with mild temperatures. Heat stroke occurs when the core body temperatures reaches 104 degrees Fahrenheit and can cause permanent injury or death; a core body temperature of 107 degrees Fahrenheit is considered lethal. In just ten minutes, the temperatures inside a closed vehicle can rise 19 degrees above the temperature outside. After an hour the two,temperatures can differ by 45 degrees or more, even with a cracked window.
Many children are intentionally left in vehicles by parents or care takers that do not understand the severity of the danger in their actions. More than 50% of children who died from heat stroke were left unattended by a parent or care taker who suddenly became distracted and left the children in the vehicle. Parents and care takers must also keep keys out of a child’s reach; 30% of children gained entry into an unlocked vehicle and then became trapped inside the vehicle and overcome by heat.

Safe Kids Kansas offered several tips for parents and care givers:

1. Teach children to not play in, on, or around vehicles.
2. Never leave a child unattended in a vehicle, even if the window is cracked.
3. Place items, such as a purse, gym bag, briefcase, etc., in the backseat of an vehicle so at your next stop you will not accidentally forget a sleeping child in the vehicle.
4. Always lock a vehicle’s doors and trunk and keep key-less entry devices out of a child’s reach.
5. If a child goes missing, check the car and trunk first.
6. If you observe a child unattended in a vehicle, call 911.

For more on this topic see Heat stroke causes an average of 37 child deaths per year.

Demonstration of how quickly a car heats up in moderate temperatures.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 4-year-old boy from Kansas died as a result from a large television falling on him. At the time of the accident, the child was apparently climbing on a counter when the large television fell on him, resulting in a severe head injury. Child safety experts say these types of child injuries happen more frequently than people think.

This family experienced a devastating tragedy. Parents, caretakers, daycare providers, babysitters, and other child care providers are faced with the constant responsibility to protect their children from bodily harm / personal injury. It is difficult to foresee and prepare for a tragic accident like this one. However, when stories like these are reported, it reminds the rest of us to take some preventative measures such as the basic child proofing of a home. Children should not be allowed to access areas of a home where dangerous objects are located. Although distractions present themselves daily, supervision by parents, day care providers, care givers, or babysitters is one of the best ways to reduce these types of incidents.

This is tragic loss for the family and the community. Most people do not look at the typical television set and see danger; however, it is clearly that any heavy object that is not secured or anchored can cause injuries to a child who has poor safety awareness and judgment.

To read more about this tragic event see 4-year-old Boy Dies After Television Falls on Him.

To read basic ways to protect your children see See 12 Safety Devices to Protect Your Children.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations -K.A.R. 28-4-128. Safety Procedures, a Kansas child care center has a duty to train each person / employee who regularly cares for children in first aid. It is important for a child who is injured in a day care center to get immediate attention and help. Having training in first aid along with having the right supplies and equipment are vital for the well being of children in Kansas day care center.

If a child has been injured as a result of negligence, improper supervision, or unsafe equipment or furnishing, a child injury lawyer can answer many questions that arise when dealing with these matters.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations - K.A.R. 28-4-130 - Transportation (Pages 32-33), a child care center, that provides transportation, must provide safety restraints / seat belts for children as follows:

*each child care center vehicle shall be equipped with an restraint per each child;

*an infant, who is unable to sit up without support, shall be placed in an infant car seat or carrier that faces backward;

*a child, who is able to sit up with support, shall be provided with one of the following safety restraints or devices:

-shield type device;

-a car seat facing the front designed to hold a child weighing up to 40 pounds;

-a safety harness.

*a child, who is 4 years old or older OR who weighs 40 pounds or more shall have a lap belt. Shoulder straps should also be provided if the shoulder straps do not cross the child's neck or face.

Buses, according to Kansas regulations, shall not be required to be equipped with individual restraints if the bus transports only school age children.

If a child has been injured in a child care center vehicle accident, result of negligence, a child injury lawyer can answer many questions that arise when dealing with these matters.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations - K.A.R. 28-4-127 - Emergencies, a child care center has a duty to have written policies in place regarding the reporting of personal injuries and illnesses of adults and children. If a child's illness or personal injury requires medical attention, the child care center has a legal duty to immediately report the matter to the parent of guardian of the child. If a child dies at a Kansas child care center, the facility must report the death to the county health department or the Kansas Department of Health and Environment by the next working day.

It is vital that child care centers communicate with parents especially when a child is ill or when a child has suffered a personal injury. A child deserved timely medical attention when needed. Parents should have this prompt notification so that plans or arrangements can be made to address the medical and health needs of the child.

If a child has been injured as a result of negligence, improper equipment, or the lack of supervision, a child injury lawyer can answer many questions that arise including issues dealing with medical bills, medical treatment, health insurance, school medical insurance, compensation, the applicable laws, and other matters.

In Kansas and other States, children continue to suffer personal injuries and even death in some instances as a result of drive way / parking lot / back over incidents. These most unfortunate automobile accidents / pedestrian accidents result when a driver fails to observe a child behind the vehicle. In some instances, the child darts behind the vehicle as the vehicle is moving. In many incidents, the injuries can be avoided with better supervision of the child and more careful driving. Before a driver attempts to back out of a parking lot or drive way, the driver should first check around his or her vehicle before getting into the vehicle. Thereafter, the driver should check again and then only back up very slowly. While not all accidents of this nature can be avoided, most can. Taking a few more seconds for the safety of children can make a big difference.

In Wichita, Kansas, it was reported that a 4 year old boy was the victim of a back over accident at an apartment complex. The incident took place at the Pelican Point Apartments in the evening hours. At the time of the incident, several children were in the area playing in the parking lot. The accident took place as a child was going after a ball. Emergency paramedics later arrived on the scene and too the boy to Via Christi Medical Center (Hospital) for evaluation. It was reported that the child was in critical condition upon arrival. Subsequently, the boy's condition was upgraded. You can read more about this story at Back Over Accident in Parking Lot at Wichita, Kansas Apartment Complex.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations - K.A.R. 28-4-123 - Parental Access to Child Care Facilities (Page 27), a parent has a right to access the child care center during all hours of operation. This is an important regulation as it allows a parent and requires a facility to "keep its doors open". A parent could enter the facility at any time. As such, child care centers and its staff must be prepared for such a visit with the understanding that the parent will look around to make sure that everything is in order.

Parents, with children in child care centers, should visit frequently and, if possible, visit at different times. If all parents visit at one time, then the child care center may be more lax during the hours that parents do not visit. Parents are advised to use visitation times to bond with their children and to get to know the child care providers. Learn the names of the child care worker and let them know that you appreciate their hard work. If there is a problem with the care at a child care center or day care center that result in personal injuries, contact a child injury lawyer to get a better understanding of the rights of the injured child and the regulations and laws as they pertain to child care centers.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to Kansas General Regulation - K.A.R. 28-132 - Child Care Practices (Pages 34 - 35), a child care center has a duty to maintain a written policy as to discipline at a child care center. A child care center is prohibited from punishment that is physically harmful to the child. Furthermore, a child care center cannot humiliate or frighten a child as part of imposing discipline at the facility. The Kansas regulations specifically prohibit corporal punishment including spanking, pulling of hair, swatting, the yanking of an arm, or similar type of punishment. Verbal threats are prohibited as are derogatory remarks. The regulations also address other prohibited actions like locking a child in a room or box, withholding food or forcing food, and stinging or burning the mouth or other parts of the child's body.

These regulations have purpose and meaning. A violation of these regulations is a violation. It does not matter that a child did not sustain permanent physical injuries or scarring. It also does not matter what the child care worker does at home or with his or her children.

Kansas facilities have a duty to follow these regulations. It is not only the law but also in the best interests of children to avoid punishment that is physically or psychologically harmful.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Kansas Department of Health and Environment is the agency responsible for implementing and enforcing regulations as they pertain to child care in the State of Kansas. This can range from infants in a small home day care center to school aged children in after school programs to foster homes. The goal or desired outcome of child care is set forth in Chapter 65 - Public Health - Article 5 - Section 528 - Child Care Policy of State; Desired Outcome. This law sets forth the mission of child care that in in place to guide the state agency and its staff in supervising child care and day care centers in Kansas. In particular, the goal or desired outcome of child care is to provide parents and caregivers with high quality and affordable child care. The child care should be stable, diverse, and efficient among other things. Parental involvement is key. Parents should take an active role in inspecting a child care center and staying involved with the school or center on a daily basis. You can read more about this law / regulation and others at Kansas Child Care Licensing and Registration Laws.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Kansas Department of Health and Environment is the State agency charged with regulating child care centers and other facilities supervising or housing children in Kansas. What are the CCLR (Child Care Licensing Regulations) in Kansas for a facility or a person caring for children? Well, that all depends on the age of the children, size of the facility, type of the facility, and the kind of care provided at the facility. The Kansas Department of Health and Environment's website has a great resource page that contains the CCLR (Child Care Licensing Regulations). The publications available on this site include the following:

Kansas Child Care Licensing Laws;

Kansas Laws and Regulations for Licensing Pre-Schools and Child Care Centers;

Kansas Laws and Regulations for Drop In Programs for School Age Children & Youth;

Kansas Laws and Regulations for Registration of Family Day Care Homes;

Kansas Laws and Regulations for Licensing Day Care Homes and Group Day Care Homes for Children;

Kansas Laws and Regulations for Licensing School Age Programs;

Kansas Laws and Regulations for Licensing Psychiatric Residential Treatment Facilities;

Kansas Laws and Regulations for Licensing Family Foster Homes for Children;

Kansas Laws and Regulations for Licensing Maternity Centers;

Kansas Regulations for Licensing Attendant Care Facilities for Children & Youth;

Kansas Regulations for Licensing Detention and Secure Care Centers for Children & Youth;

Kansas Regulations for Licensing Residential Centers & Group Boarding Homes for Children & Youth;

Kansas Regulations for Licensing Private Child Placing Agencies;

Kansas Laws and Regulations for Licensing Day Care Referral Agencies;

Kansas Regulations for Licensing Secure Residential Treatment Facilities.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other states, some drivers especially young ones in sports cars or little sports cars believe it is great fun and a challenge to race other drivers. The thrill of speed and the chase take priority over the safety of others including innocent pedestrians and children. In Wichita, Kansas, one such drag racing incident ended the life of Robert Ryder - age 25 - who was pronounced dead at the scene. His cousin was reported to have serious personal injuries resulting in a hospitalization. You can read more about this story at Police Investigating Drag Racing Accident in Wichita Kansas.

Unlike some other automobile accidents, drag racing automobile accidents are completely avoidable. The public roads of Wichita Kansas are no place for drag racing especially those with pedestrians and cross walks. Drag racing is an inherently dangerous activity that should only be done by professionals under a very controlled environment. Every day in Kansas, drivers zip around the roads in a hurry to get somewhere or just for sport. The safety of others should be paramount over everything else.

If you or someone you know has suffered personal injuries in an automobile accident, pedestrian incident, bicycle accident, or other accident, contact an Injury Lawyer for advise, consultation, and representation. Know your legal rights.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other States, parents must be diligent in selecting a day care center. When considering a day care center, parents should inspect the facility and find out information regarding government inspections and compliance with Kansas day care regulations. A new Kansas Senate bill would require that all home day care centers have an inspection. The proposed law would get rid of the designation "registered home day care center". Under the prior system, "Registered home day care centers" were not subjected to an initial inspection or follow up inspection. According to some lawmakers, the designation of "registered day care center" gave many parents a false sense of security. You can read more about the Kansas Senate bill to provide better regulation and inspection of all Kansas home based day care centers at Kansas Senate Recommends Tighter Day Care / Child Care Regulations.

Whatever laws are in place, parents should still take an active role in inspecting and researching day care centers. Parents should ask to see licensing and inspection documents. In addition, parents should contact the State and local government agencies to check on the history and compliance of the day care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Bounce houses, trampolines, and inflatable play areas can be dangerous to children. Tragically, a number of children suffer serious personal injuries playing on or in these areas every year. Some even die as a result of the injuries. In Wichita, Kansas, it was reported that a 5 year old girl died after falling off of an inflatable bounce play area at Pure Entertainment. While the child was rushed to a local emergency room, the child ultimately died as a result of the injuries. There are several questions when considering or investigating accidents or incidents involving bounce houses or inflatable play areas including:

What kind of bounce house or inflatable play area was involved?

Who was supervising the child at the time of the incident?

Was the area in and around the bounce house / inflatable play area free from hazards?

Was the bounce house or inflatable play area properly installed, anchored, and in place according the manufacturer standards and recommendations?

Were there other incidents involving serious personal injuries or death involving the same or similar bounce houses / inflatable play areas?

Whatever the results of the investigation, a 5 year old boy died and a family and community has suffered a great loss. You can read more about this incident at 5 Year Old Child Dies After Fall at Pure Entertainment.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A little girl died in Kansas City, Kansas recently, after being hit by a school bus while waiting at the bus stop to be taken to her elementary school. The family has asked that the school district and the police department not release the child’s name until they have had some time to heal. They have also not released the name of the bus driver or any details of the accident. The refusal of the school district to release any information about the accident is causing frustration with parents of other school age children in the district.

According to Larry Bluthardt, director for school bus safety and education for the Kansas Department of Education, seventeen children across the US were killed last year while waiting for, boarding or departing a school bus. This fatal accident was the first child killed in a Kansas state school bus accident in over ten years.

While the Kansas state school bus accident record seems quite good, one child killed in an accident is one too many. All drivers, but especially school bus drivers, need to pay very careful attention to their driving. Children can be hard to see and can move quickly and unexpectedly into harm’s way.

Read more about this tragic school bus accident at Questions remain following child’s death in school bus accident in KCK.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Little Friends Daycare, in Johnson County, Kansas is a registered but not licensed day care facility. In Kansas, registered daycares are not inspected by the health department unless there is a complaint. A complaint was lodged recently that the center was taking care of six infants at one time; the daycare is only allowed to care for up to three children under the age of eighteen months.

When inspectors arrived at the daycare facility, they were alarmed to find an infant closed into a back room, still in her car seat and completely covered by three blankets. The owner of the daycare, Lynde Ann Price claims that the child’s parents asked her to keep the child in the car seat because she had bronchitis and they wanted her in an upright position.

But according to inspectors, Ms. Price also told them that she had forgotten the child was in the back room. They also found other infants in rooms with the doors closed, which is a violation of state child care regulations. Ms. Price reportedly said that she was overwhelmed by having too many children to take care of, but believes she was giving them good care.

The daycare has been temporarily closed, and Ms. Price will have to appear before state officials before she is allowed to reopen. Read more about this Kansas City Daycare at Inspectors Shut Down JoCo Day Care, Claim Owner 'Forgot' About Infant.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other states, children in day care centers are often times put at risk by unsafe day care center drivers. Some of these drivers even choose to drive while under the influence of alcohol or drugs. In Witchita, Kansas, a former day care owner was charged with driving under the influence. She later pled no contest to the charges. Police were tipped off as to the owner's intoxication by day care center workers who say the owner leave with children in a day care center vehicle. The day care center workers were concerned and contacted the police. Fortunately, no children were harmed by the reckless conduct of the day care owner but her actions certainly put the children in the vehicle at risk. In addition, any other drivers / passengers, pedestrians, and bicylists in the area of the day care center owner's driving were also put at risk. You can read more about this story at Former Day Care Center Owner Guilty of DUI Charges.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other states, day care centers have a duty to provide for the safety. State authorities closed a Fairway day care center. It was reported that the day care center was closed to protect the safety and health of the children. A recent inspection of the child care facility revealed that the center had more children than it was licensed for. Furthermore, the inspection revealed that one of the infants was kept in a bathroom and another was found in a bedroom covered with blankets. The day care center operator can appeal this decision and will be able to defend her facility against the allegations and findings on the inspection.

Inspections by the State can and do help prevent tragedies from taking place. Unfortunately, the State is not present at every day care center - every minute of the day. It would be impossible to have such oversight. As such, many day care centers create and allow dangerous situations to be present which, in turn, put children at risk for serious personal injuries and even death. You can read more about this story involving a Kansas Day Care Center at State of Kansas Authorities Close Kansas Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In stores across America including Wal-Mart, Target, Winn Dixie, Publix, Walgreens, and Safeway, children ride in or on shopping carts. Many children see a shopping cart as a toy rather than a tool to gather shopping carts. Unfortunately, many children are injured every year in shopping cart related injuries. It is estimated that falls from shopping carts account for a leading cause of head injuries to one and two year old children. In addition to brain injuries, children suffer lacerations and fractures from shopping cart related injuries as well. Safe Kids Kansas would like parents to be aware of these statistics and the dangers of shopping carts. As noted by Cherie Sage, State Director of the Safe Kids Kansas, just because a chid is seated in a shopping chart does not mean that they are safe. Proper supervision of the child and proper use of the shopping cart are key to preventing or limiting the incidence of shopping cart related injuries. You can read more about this topic at Over 20,000 Children Injured Annually by Shopping Cart Related Incidents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other Stated, day care owners / operators and child care workers have a duty to provide each child with a safe and clean environment. Tragically in Olathe, Kansas, a little girl (Ava Patrick) died in April 2009. An investigation revealed that Ava died as a result of getting her neck caught in part of a wooden fence used to enclose children in a room at the day care facility. It was also revealed that the day care center had capacity for 6 children yet had 14 children in the facility at the time of the incident. Jeanette Lawrence, the day care operator, has been charged with involuntary manslaughter, aggravated endangerment of a child and violating day care regulations. You can read more about this story at Kansas Day Care Operator Is Charged with Crimes Involving Death of Child at Day Care Center.