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What are the Rights of a Child Suffering Burn Type Personal Injuries at a Day Care Center?

By  David Wolf, Attorney
Building Blocks - B - Day Care CenterWhile under the care of a day care center, a child should be supervised in a safe and clean environment.  Here are a few things that we know about all children and especially toddlers and infants.
*  Children are curious.
*  Children have poor safety awareness.
*  Children often ignore the instructions or commands of adults.
*  Children lack the maturity and understanding of the dangers of poisons, appliances, chemicals, water, and other
*  All dangerous items, equipment, chemicals, etc. should be kept out of the reach of children.
If an incident is foreseeable and preventable, then there could be a case or claim to pursue on behalf of the injured child.   A day care center should comply with state and local regulations and laws.  A day care center should also follow the policy and procedure manual for the facility as well as any policy and procedure manual mandated by a franchisor (if any) of the day care center. 
Unfortunately, children are harmed or burned at day care centers when dangerous items like a coffee maker, water dispenser with “hot” water, chemicals, exposed electrical outlets, and  appliances like stoves are within the reach of the children.  Again, all day care centers and child care providers should keep in mind that children are curious and will get into areas that are dangerous if given the opportunity or ability to gain access to these dangerous areas or objects. 
A disturbing incident took place and was reported in Erlanger, Kentucky. It was reported that a 10 month old suffered serious personal injuries in the form of burn injuries over 20 percent of the boy’s body.  It was reported that a slow cooker bottle warmer was within the reach of the child while he was in the highchair.  When the child reached out for the bottle, the hot water from the bottle warmer spilled over and on the child causing the burn injuries.  It appears from these facts that the incident was both foreseeable and preventable. You can read more about this particular incident at Child in Kentucky Day Care Center Suffers Burn Injuries
When a child suffers burn injuries at a day care center, the following types of damages can be pursued:
* Medical Bills (Past);
* Medical Bills (Future);
* Pain and Suffering;
* Loss of Enjoyment of Life;
* Loss of Wages of Parent; and
* Tutoring Expenses (if applicable).
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on School Injuries, Day Care Center Injuries, Homeowner’s Insurance,  Theme Parks and Attractions, Swimming and Waterpark Injuries, Automobile Accidents, Day Care Center Injuries, School Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.
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