Child Injury Lawyer Blog
By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
When a Child Injury Lawyer evaluates a potential day care or child care case, there are often times four legal factors considered and one very important practical factor considered as part of the analysis or evaluation. Each day care center or child care center child injury case should be evaluated on its own merits, facts, and circumstances. While each case is different from the next, the following factors are considered by a Child Injury Lawyer reviewing a case at the request of a concerned parent or guardian:
In Wisconsin and other States, children enrolled in schools, day care centers, and child care centers are at risk for injury from negligent acts and disciplinary measures that lead to Shaken Baby Syndrome. When a day care provider, child care provider, babysitter, or other supervising adult or teen gets frustrated with life or the behavior of a child, the anger, frustration, or ignorance, at times, leads to the shaking of the baby. This, in turn, can cause serious personal injuries and even death to the child. Shaken Baby Syndrome is classified a neurological injury to the brain of the child. The mechanism of the injury results from the child’s head being whiplashed back and forth or by the blunt force trauma of a wall, floor, or other object. In only a few seconds of neglect, a child’s life can be forever affected. It is well known and documented that disabilities in the form of function and cognition result from Shaken Baby Syndrome.
In virtually every community, church day care centers and schools provide supervision, education, and care to children. Most day care centers and schools do a wonderful job of supervise and care of young children. For the most part, the children are supervised in a safe and clean educational environment. At times, children are the unfortunate victims injuries and even death while under the supervision and care of the day care center.
Children of the unfortunate victims of serious head injuries and trauma as a result of pedestrian, bicycle, day care center, school, or automobile accidents. A child’s brain and skull are in a process of development and are susceptible to injury from traumatic events like an automobile accident. Even when a child is wearing a helmet during bicycle and skateboard related activities, a serious traumatic brain injury can result when a driver or other person is negligent. When a child is injured as a result of an automobile, bicycle or pedestrian accident, a parent or guardian can bring a legal claim or case on behalf of the injured child. Depending on the particular laws for a State, there are various forms of compensation that may be claimed on behalf of the injured child or by the parents directly.The damages that may be sought include but are not necessarily limited to the following:
Children enrolled in day care centers are at times the unfortunate victims of personal injuries while under the supervision of the day care center. Many personal injuries result from inadequate supervision or the improper maintenance at the facility. When a child is injured as a result of the negligence, carelessness, or inattention of a day care center, a parent should seek legal representation and advice regarding the rights to compensation of the injured child. If injuries resulted from the negligence of the day care center, a claim can be pursued under or through the day care center’s liability insurance policy. This brings up two important but different questions:
In Northview Heights, Pennsylvania, a tragic death of a 4 year old girl – Shaniya Darby-Sims – was recently reported. A television set weighing approximately 60 pounds fell off of a dresser and onto the 4 year old year old. The mother – Shamika Darby – found her daughter upstairs and removed the television set off of her and then started CPR. The child was later rushed to Children’s Hospital where she later died. See 
Children are often times injured on playgrounds at schools, day care centers, community associations, counties, cities, and other locations. When a child suffers an injury at a playground, there may be a civil claim or case for the personal injuries suffered by the child. Some child personal injuries that take place on a playground center are actionable due to the negligence of the school, day care center, property owner, adult supervisors, and / or the manufacturer of the playground equipment. Of course, there are some risks with any playground center; however, if an injury resulted from a dangerous design or defect, improper maintenance, or improper supervision, then a civil action or claim may be warranted to pursue damages and compensation for the child’s injuries.