Child Injury Lawyer Blog
By David Wolf, Attorney
Published by Child Injury Lawyer Blog
During the summer months, the temperature in various parts of the United States can easily exceed 100 degrees. For children, especially those prone or susceptible to sunburn complications, the hot summer weather combined with poor supervision and common sense on the part of child care providers can combine to produce some significant sunburn related injuries. Some sunburn injuries are so bad that they require medical care from an emergency room and / or a pediatrician. Certainly, a child can become sunburn when there is an extended time of play, sports, or outdoor activity. The pursuit a claim or case will depend on the particular facts and circumstances as well as the significance of the injuries. If a 8 year old child comes home with a mild sunburn, this by itself would not warrant – for practical reasons – the pursuit of a claim or a case. However, if the child returns home with severe burns to the point that there is exposed skin and large painful blisters, then this situation could warrant the pursuit of an insurance claim or a potential lawsuit.
Scalding injuries continue to take place every year. These injuries can have a life time injuries – physically, emotionally and appearance – for a child. It is estimated that about one million Americans suffer burn related injuries on an annual basis. Over three thousand people die every year from burn related injuries. For children, it has been reported that the primary mechanism of a burn injury is from scalding water. Tragically, many of these children suffer significant personal injuries and some even die as a result of the injuries.
An unfortunate incident occurred took place at a day care center in North Tulsa Oklahoma when one-year old Madilynn McDaniel took her shoes off while on the playground. Because the Summer heat in North Tulsa, the ground surface near the playground was extremely hot. The hot pavement at the day care center burned Madilynn’s feet and resulted in second degree burns. The incident took place at Educare, a North Tulsa child care center. Madilynn was later treated for the injuries and prescribed Loratab to help her deal with the pain.
Three children were tragically killed in a kitchen fire that occurred at the children’s Houston, Texas, residential daycare. Rick Flanagan, spokesman for the Houston Fire Department, said the victims ranged in age from 18-months to 3-years-old. The day care’s operator, 22-year-old Jessica Tata, was the only adult supervising the 7 children the day of the incident. According to Texas’ child care rules, Tata should not have been caring for more than 6 children older than 18-months. Michael McAndrews, a 50-year-old witness who lives near the residential day care, said Tata stated she went to the bathroom at the facility and upon returning the kitchen was on fire. When firefighters arrived at the scene, Tata and two injured children were outside the flaming home, the other five children were trapped inside. Firefighters had to use thermal imaging cameras to find some of the children. Firefighters had to perform CPR on 4 children, who were unresponsive. Some children sustained burns while others suffered from smoke inhalation. Jennifer Hart, spokeswoman for Children’s Memorial Hermann Hospital, stated that one child was transferred to the Shriners Hospital burn center in critical condition and two other children were at a Houston hospital, one also in critical condition and the other in good condition. Around a year ago, the facility, which is registered as a “child-care home,” was cited by the Texas Department of Family and Protective Services’ Child Care Licensing division for not having a fire extinguisher. DFPS spokeswoman Gwen Carter said Tata had correct the problem. For more see 
It is well known that children are curious. Unfortunately, many children also do not recognize the dangers of lighters and matches. Child’s play with flammable producing items like matches and lighters can lead to dangerous fires that can and do cause serious personal injuries and death. In Brooklyn, New York, it was reported that a fire started by a child playing with matches caused the death of a 4 month old baby girl named Aniyah Vaughan. See 
Baja Motorsports, a Phoenix-based company, recently recalled 308,000 mini bikes and go-carts after a child was seriously burned. According to the Consumer Product Safety Commission (CPSC), the gas caps on the Chinese-made vehicles can detach or leak, posing a fire hazard. Also, there is a problem with the vehicles’ throttle; it can get stuck causing the vehicles to unexpectedly accelerate.