By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Children are at risk for personal injuries and, in some instances, even die when left in a day care center van, bus, or vehicle. The exposure of the child to extreme heat or cold can lead to hyperthermia or hypothermia. This, in turn, can have fatal consequences and end the life of an innocent child. Whether the child is left in a vehicle for convenience or left in the vehicle due to negligence, inattention, or forgetfulness, the results can be the same. The problem is that many day care providers and child care providers do not recognize or understand the risks of leaving a child unattended in a vehicle even for a few minutes. It is vital that a day care center have policies and procedures in place when transporting a child and that the day care center FOLLOW these policies and procedures. By properly completing a simple checklist – a child’s life can be saved.
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Any time there is a swimming pool near a day care center – there is great danger. Because of this, it is vital that all swimming pool owners including schools and day care centers put proper precautions in place to prevent children from wandering into pool areas. A drowning can take place in even shallow water and seconds matter when a child is left alone or unattended in or near a swimming pool area.
In Kentucky and other States, day care centers have a duty to provide proper and consistent supervision to children. Furthermore, day care workers have a duty to refrain from using corporal punishment to discipline children or to retrain the children for the convenience of the staff. When enrolled in a day care center, a child should be provided with a safe, nurturing educational environment. Unfortunately, at times, children are the victims of abuse, neglect, and negligence while under the care of a day care center.
In Omaha, Nebraska, a family and community are now grieving the death of a 2 year old boy who was hit by a truck near the day care center (Next Generation Child Care) that he was attending. It was reported that Maximiliano Delgado-Morales was hit by a 1998 Chervolet pick up truck. The mother of Maximiliano arrived at the day care center to pick up her son. It was reported that Maximiliano ran into 36th Street and then was hit by the truck. For more information regarding this incident, see 
In West Virginia, day care centers / child care centers are regulated by the West Virginia Department of Health and Human Resources. The definition under West Virginia law as to what constitutes a child care center is quite broad and includes the following: