By David Wolf, Child Injury Lawyer
Day care centers are commonly used by families all over the country. Parents assume that children are being cared for in a supportive learning environment by caring child care providers. Child care workers are expected to be responsible, dependable, and patient. Training should be completed pursuant to state and local day care regulations for each worker to to being officially employed by the day care center.
Video surveillance at a day care center can help document many incidents that in the past were “swept under the rug” or hidden by the day care center. Without the benefit of video surveillance, many incidents of child abuse were kept quiet. Day care center workers would claim ignorance, “I do not know what happened.” Alternatively, the day care center worker would make up a story, “Johnny fell while running on the playground.”
By David Wolf, Child Injury Lawyer
In day care centers in Missouri and across the nation, children are unfortunately subjected to various forms of corporal punishment in day care centers. Most states have a prohibition according to the day care center government regulations against corporal punishment. Despite these regulations, some day care center workers, for some reason or no reason at all, subject a child to corporal punishment.
In St. Louis, Missouri, there was a lawsuit filed against the Zion Lutheran Church, its daycare, and its employees, for the alleged abuse of a four-year-old girl. It was reported that the teacher at the daycare wrapped the child’s legs in duct tape after saying “I have some shiny red duct tape with your name on it.” The child admitted to running around when she was supposed to be napping, which is said to be the reason the teacher put duct tape on her legs in the first place. After the tape was put on, another member of the staff told her the tape would be removed when she behaved, which shows it was intended as a means of punishment. When the parents addressed the situation to staff, the situation was laughed over, and comments were made about how hyper their daughter can be. It was reported that the daycare teacher has been said to have used duct tape as a means of controlling a child with two much energy. As a result, this family’s lawsuit alleges false imprisonment and assault, among other things, and is seeking over $25,000 in damages. It should be noted that many courts have jurisdictional amounts or thresholds. In other words, an action can be pursued in a particular court if the amount in controversy if over a certain amount of money. As such, in many cases, it is difficult to determine from the pleadings alone the amount that is ultimately being sought by the plaintiff / family of the injured child.
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, Child Injury Lawyer
When a child has suffered personal injuries at a day care center or another facility, parents should contact a Child Injury Lawyer for advice, guidance, and legal representation.
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.
Child Injury Lawyer Blog
In Alabama and a number other States, day care centers can be broadly separated into three groups: Licensed, Unlicensed by Exemption, and Unlicensed by Violation. While the licensure of a day care center does not guarantee that a day care center is free from risks, hazards, and negligence, the licensure of a day care center does provide for important oversight by the State. With oversight, there is usually voluntary compliance with the applicable day care and child care rules, regulations, staffing, training, and safety standards. Many parents are not qualified to know what the required staff to child ration should be or what training should be completed for child care providers. Furthermore, there is a certain value to having rules and regulations in place to guide a day care center as what needs to be in place to obtain a day care center license and to keep such a license.
Child Injury Lawyer Blog
By David A. Wolf, Child Injury Lawyer Blog
Working parents rely upon day care centers so that the family can be supported and the child can be properly cared for during the work day. Many day care centers do an excellent job of educating, supervising, and caring for the children enrolled in the child care program. Other daycare centers, however, cut corners and end up harming the children that they are responsible for supervising. It is certainly unfortunate and tragic in many cases when a child suffers personal injuries in a day care center. While government monitoring and regulation can help weed out and close down bad day care centers, it is impossible for any form of governmental regulation to prevent all injuries from taking place.
One article mentioned that a single state had 115 instances where day care centers were not meeting the minimum child to staff ratios, thereby leaving young children unattended and increasing the likelihood of harm. See Mississippi Increases Oversight of Day Care Centers. Many day care centers are underfunded and simply cannot afford to maintain the appropriate number of employees to adequately supervise the number of children at the center. This problem is very serious for young children of all ages. Infants need constant supervision to prevent accidents such as rolling off of changing tables or swallowing small objects, and toddlers need constant supervision to ensure that they are learning how to share and play well with others as well as to prevent them from injuring themselves or others or trying to run away.