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What if a Child Suffers Burn Personal Injuries at a Day Care Center? Duty to Supervise and Duty to Report Injuries

By David A. Wolf, Attorney – Child Injury Lawyer Blog

4_ToysWhile enrolled in a day care center, a child should be supervised in an environment that is safe and free from hazards.  The day care center should follow its own policies and procedures as well as the policies and procedures set forth by state and local licensing agencies and laws.  It is difficult to legislate or regulate every since situation or care provisions that take place in a day care center.  Furthermore, it should be noted that common sense can be used in the day care center. If something seems dangerous or risky to a child, then the hazard should be removed.  It is well known that children are curious and lack safety awareness.  As such, anything within reach of a child that can cause harm should be kept away from a child.  This includes but it not limited to hot water, liquids, food, ovens, burners, and other items that can and will cause burn type of injuries to a child.  When a child is burned, first aid should be provided and the parents and when necessary fire rescue / emergency services should be called in.

A civil case on behalf of child involves four essential elements:

1. Duty;
2. Breach of Duty;
3. Causation; and
4. Damages

As a Child Injury Lawyer, I am often contacted by concerned parents following the discovery of a day care center related personal injury or incident.  I often point out and review the case as to these four essential elements.  I also review the practical aspects of the pursuit of a case or claim on behalf of an injured child.

A burn type of injury was reported at a day care center based in Arlington, Texas.  It was reported by media outlets that a 13 month old child – Jayden Haynes – suffered third degree burns while under the supervision of a day care center. It was reported that Jayden was reaching for a plate of chili beans.  The incident took place at Zone 4 Kids Day Care Center located in Arlington, Texas.

When evaluating a child injury case or claim, the above four elements are considered and analyzed. In addition, there are two factors that are also evaluated:

A. Foreseeability of the incident; and
B. Preventability of the incident.

It would appear from the facts presented regarding the Texas day care center burn injury matter that the incident was both foreseeable and preventable.  A parent of an injured child should consult with a Child Injury Lawyer to determine the legal rights of the injured child, the elements of a case, and the practicalities of moving forward with legal representation.

David Wolf is a Child Injury Lawyer with over 25 years of experience. He is the author of eight books that focus on personal injury and safety issues including the book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know.  This book has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.  David Wolf firmly believes in a Giving a Voice to Injured Children and Their Families.

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