Child Injury Lawyer Blog
By George Fusner, Jr., Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Tennessee and other States, parents rely on day care centers to provide a safe and clean educational environment for children. In most facilities – on most days – , the children are well cared for and kept out of harm’s way. Unfortunately – at times -, children suffer personal injuries at a day care center. Some children are injured by the very child care providers who are required to supervise and protect the children enrolled in the day care center. A recent injury was reported in Smyrna, Tennessee. It was reported that a 3 year old suffered a fractured arm at the Rock Springs Academy after a day care worker picked the child up by her arm and then sat the child down on a mat. The incident was investigated by the Tennessee Department of Children’s Services and the Smyrna Police Department. The day care worker was arrested regarding the incident. Like other criminal matters, the day care worker will be entitled to legal representation from a private criminal attorney or the public defender to represent the day care worker regarding the criminal charges. You can read more about this story at 3 Year Old Suffers Fracture at Tennessee Day Care Center.
The State of Georgia Department of Human Services issued a report that over 100 children died in Georgia during the first 9 months of 2012. These children were in families that some point in time received services from Georgia’s child protection agency. The report noted that an unsafe sleeping condition was a common factor in a number of these deaths. Unsafe sleeping conditions include co-sleeping in which an infant, toddler or small child is injured while sleeping in the same bed or couch with an adult or other children. Unsafe sleeping conditions can also include the placement of pillows, stuffed animals, and other items in the crib of an infant. These common items can lead to incidents of suffocation and asphyxiation. You can read more about these and other risks to children at 
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:
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:
In Texas and other States, children are enrolled in schools, day care centers, after school supervision, sports leagues, and other programs. While enrolled in these programs, children should be supervised in an environment that promotes their education, safety, and well being. The teachers, aides, coaches, and others should be subjected to background checks. Furthermore, they should act professionally and have the proper demeanor and attitude to work with children. It takes a certain disposition and personality to work with and supervise children. Some have what it takes to properly care or and supervise children while others do not. Unfortunately, children are often injured by the very people who are employed to care for them. When a child is injured at a school, day care center, after school program or other program / facility, there are often challenges and issues to the case or claim. Because of these challenges and complexities, it is often times helpful to consult with a Child Injury Lawyer for advice and legal representation.
In Pennsylvania and other States, working parents rely on day care center to provide supervision and transportation for children enrolled in the child care program. In addition to the general dangers and risks involved with traffic and transporation, there is an added risk for children who at times get left behind on a school bus or day care center van. During hot summer and spring months and cold winter months, a child left alone in a vehicle can suffer from extreme heat or extreme cold to the point that the child suffers serious personal injuries, and, in some instances, even dies as a result of being left in the van or bus. In addition, there are other risks and dangers to a child left alone in a school bus or van. The risks and dangers include those related to strangulation, abduction, choking, wandering away, etc . . . . The mission of every day care center should be to provid consistent and professional supervision of the children.