By David Wolf, Child Injury Lawyer
Day care centers are commonly used by a families in need of child care due to work or personal commitments. There are millions of single parent households and dual income households which necessitate the use of day care centers / child care centers to supervise children during the work day. When a parent or guardian checks their child in to a day care center, they are putting their trust in a facility that should be trustworthy. The day care should be providing an environment which is safe and comforting for the parent, consisting of abundant supervision. It is reasonable for parents and guardians to expect that a day care center will provide a safe, loving, and educational environment for their children. Personal injuries result from carelessness, negligence, and just a lack of common sense in many instances in day care centers. Furthermore, some injuries result from intentional acts and let’s face it – just the shear stupidity of some child care providers who, at times, put their own interests ahead of those of the children. In New Jersey, it was reported that two day care workers were encouraged and filmed a Fight Club type of activity with the children enrolled in the day care center. Certainly, it is careless and reckless to encourage children to fight at a day care center or any other school or summer camp.
There are four elements that must be established for a strong claim against a day care center:
By, David Wolf, Child Injury Lawyer
In Arkansas and other States, children enrolled in day care centers and other summer programs are at risks for injury and death during transportation and services. There is a simple way to prevent these hot car deaths and hot van deaths from taking place. In fact, these injuries and deaths can be avoided with a watch eye, clipboard, attendance list, and a pen. It is vital that all day center providers and summer camps take roll call whenever the van, bus, or vehicle is loaded or unloaded. All children must be accounted for at all times. Furthermore, whenever a bus, van, or other mode of transportation is stopped without supervision onboard and without proper ventilation and air conditioning, there should be a physical and verbal sweep of the bus, van, or vehicle to make sure that all children are off the bus. What happens when a child is left on a bus, van, or other vehicle during periods of warm or hot weather? Well, the headlines speak for themselves when there is a report of yet another hot van or hot bus death involving a school, summer camp or day care center.
In West Memphis, Arkansas, it was reported that 5 year boy (Christopher Gardner Junior) died as a result of being left in a day care center van. It was reported that the temperature in the van once the vehicle was turned off reached 141 degrees Fahrenheit. Tragically, Christopher was left on the van for 8 hours when he was finally located in the afternoon. Certainly, this was a tragic event and day for Christopher’s family, extended family, friends, neighbors, and the community. It was also reported that Christopher was signed into the facility in the morning. It would appear that this was done without truly accounting for Christopher’s whereabouts. Again, a watchful eye, attentiveness, and the dedicated use of a roll call list whether with pen and paper or an iPad or other electronic device would have avoid the tragic consequences as reported in West Memphis.
By David Wolf, Attorney
Child Injury Lawyer Blog
When a child is enrolled at a day care center, school or summer camp, it is the duty on the teachers, assistants, counselors and staff to provide a reasonably safe educational and play environment for the children. Unfortunately, far too many children are injured on a daily basis due to negligent supervision, neglect, negligence, and even by the intentional harmful acts of the very people responsible for the safety and well being of the children. When a child is injured due to the fault of another person, business entry, school, day care center or summer camp, there may be a case or claim brought against the wrongdoer. From a practical standpoint, it is helpful if there is liability insurance in place to cover or pay for such claims / damages.
By David A. Wolf, Child Injury Lawyer
A recent video emerged after a young boy was seen catching his infant sibling falling off a changing table. His keen instincts and quick reflexes prevented what could have been a terrible misfortune. Yet, while this event occurred in his home, there are similar risks and hazards in day care centers throughout the United States. See Young Boy Catches Infant Who Falls Off of Diaper Changing Table.
In day care centers, there is a common area or piece of furniture that can be a danger or hazard for infants: the diaper changing table. The use of a diaper changing table makes it easier for the child care provider to change the diaper and otherwise attend to the infant; however, if a child care provider turns his or her back for even a moment, a child can fall off of a changing table. While it is reasonable and common to have a diaper changing table at a day care center, due care must be taken to protect infants from falls off of a changing table which can result from the negligence or inattention of a child care provider.