By David A. Wolf, Attorney – Child Injury Lawyer Blog
One basic duty of every day care center is the duty of supervision. Many day care centers are located on her near busy roadways, streets, neighborhoods, and commercial developments. As such, the duty to supervise the children is vital the health, safety, and welfare of the children enrolled in the day care program. In some instances, a child is unharmed when he or she wanders away from a day care center. An astute bystander or police officer locates the child and returns the child to the day care center. While the situation could have escalated into something quite horrible, the child did not receive any injuries and soon forgets about the whole incident. On the other hand, there are incidents involving the wandering of a child away from a day care center that results in serious personal injuries and even the tragic death of the child. One such incident took place in Olathe, Kansas when a child was hit and killed by a pick up truck. The incident took place on a residential street in a vicinity near the the day care center. The news report identified the toddler as Harper Kay Rodden. In initial news reports, there were no details as to how the 14 month toddler had exited the day care center, how the 14 month old toddler was supervised prior to exiting the facility, what safeguards were in place for the protection and safety of the children, and what steps could have or should have been taken to protect this child from wandering out of the day care center facility.
In a day care center case, there are essentially four elements to prove: