A Day Care Center should be a safe haven for children. Children should be provided with activities and supervision commensurate with each’s child’s abilities, needs, and situation. Parents should be able to rely on a Day Care Center to provide for the needs of the children under their care. Many Day Care Centers provide a wonderful educational and custodial environment for children; however, some Day Care Centers, whether it is a moment of inattention or a pattern of neglect, allow children to become victims of preventable personal injuries, and, in some cases, wrongful death. The legal dues of a Day Care Center (including its staff, employees, and childcare providers) are delineated in the Statutes, the Administrative Code, and the Case Law. While it is important for Day Care Centers to know and follow the laws, rules, and regulations, it is also important for Day Care Centers and their staff members to have common sense and the ability to make good decisions on the spot. Staff members should take initiative when children are at risk for or suffer personal injuries requiring first aid and / or other medical attention. The information provided by this book is also helpful for parents who just want to learn more about the rights of a child in a Day Care Center and the legal responsibilities and duties of the Day Care Center and its staff. There are four essential elements necessary to establish a civil claim or case against a Day Care Center as follows:
Once a day care center accepts the child into the program, the day care center has a duty to provide a reasonably safe environment for the child. There is no immunity for private or public day care centers for injuries that are caused by the negligent actions or inactions of day care center employees or management. There is a duty to provide reasonable supervision and to properly inspect and maintain the day care center including common areas, bathrooms, classrooms, indoor play areas, outdoor play areas, and playgrounds in a reasonable safe condition. There is also a duty to provide safe transportation and driving when the day care center chooses to provide such services.
Breach of Duty
If the day care center breaches any of its duties / responsibilities, the day care center can be help legally responsible for the consequences. Of course, there are a number of ways in which a day care provider may breach a particular duty. Here are just a few examples:
Proximate is the legal concept that requires a more or less direct relationship between the duty, breach of duty, add the damages or injuries. In other words, the breach of duty must directly result in the injuries for there to be a claim or case to pursue on behalf of the child.
Injuries or damages are generally necessary, from a practical standpoint, to file a claim or lawsuit against the day care center. If the child did not suffer any physical or psychological damage whatsoever as a result of the negligent conduct of the day care center, it can be quite challenging to pursue such a case. It should be kept in mind that each case must be evaluated on its own particular facts and circumstances including those that pertain to the claimed damages or injuries resulting from the negligence by the day care center.
The last thing any parent wants is for their child to suffer a serious injury because of someone else’s negligence. When you place your child in daycare, you conduct an extensive investigation into the facilities and the staff to make sure that your child will be well cared for.
Even so, your child may have suffered an injury due to:
- Premises liability
- Poor supervision
- Direct physical abuse
Perhaps they slipped and fell because of a negligent daycare worker. Maybe they were injured on poorly-maintained playground equipment. Many injuries are simply the result of a lack of supervision by staff members. If your child has been injured in such an accident, a personal injury lawyer at our firm can help you file a claim.
We hope that our children never have to be a victim to severe injuries or accidents. Unfortunately, negligent individuals, companies, property owners cause thousands of children to suffer fatal injuries each year in the United States.
The most vulnerable population is often taken for granted for the sake of somebody else profit. We shouldn’t neglect proper safety procedures and protocols. Parents shouldn’t have to fear for their child’s safety wherever they might be (school, roadways, hospitals, another’s personal property).
If something unthinkable happens to your child, you need a personal injury lawyer with the legal resources and experienced team to handle your case. Our team will represent you and your family and fight for the compensation you deserve. Our legal professionals will take immediate actions on your case.
Common causes of child Injuries
Parents have a huge responsibility and an innate sense to protect their children. There are a variety of unique dangers that can cause sudden death or injury of a child. Some common causes of injuries include:
- Child automobile accidents
- Child bicycle accidents
- School bus accidents
- Teen driving accidents
- Vehicle backover injuries
- Unsafe or dangerous premises
- Dog Bites
- Window falls
- Daycare injuries and abuse
- School and playground injuries
- Medical malpractice
- Congenital disabilities
- Pregnancy and birth injuries
- Infant clinical trials
- Pharmaceutical drug recalls
- Choking and strangulation
- Defective or unsafe toys
- Sports-related injuries
- Child abuse
- Physical abuse
- Sexual abuse
- Psychological abuse
- Crib-related injuries
- Broken car seats
- Drowning accidents
- Boating accidents
- Swimming pool accidents
- Amusement park accidents
Child Injury statistics
Twenty-five children died each day from accidental injuries. Estimated 8,7 million children were treated at an emergency department for an accidental injury in 2011. More than 225,000 children require hospitalization each year due to an accidental injury. Leading causes of accidental child injuries are falls, cut, struck by an object, overexertion, etc.
Accidents you can prevent
You can’t stop other driver hitting you, but you can minimize the possibility of a crash when you fasten your seatbelts. Car seats and booster seats save lives.
Infant suffocation can be a nursery nightmare. Always remember, parents ABCs: have infants sleep Alone, on their Backs, in their Cribs (or a secure surface area like a bassinet or playpen).
Optimal prevention here is making sure that your child learns to swim in a professional class with an approved life vest. Of course, there’s no substitute for a watchful eye.
Safe Kids Worldwide recently released a research report identifying new insights into why kids are getting into medicine nearly 500,000 times per year, and the overwhelming cause is negligence on behalf of adults
Make sure you lock anything dangerous out of kids reach- and if you have a babysitter, make sure she does the same.
Fire and burns
Install smoke alarms and carbon monoxide detectors. Yes, sometimes you forgot to change the batteries. Set remainder on your phone if you have an infant in the house. It’s essential to have at least two ways out in your escape plan from your home in the case of fire. This may sound too much, but it’s important to plan.
As a parent, grandparent, or even an Aunt/Uncle/Friend who’s buying a toy for a beloved child in their life; you usually don’t think anything of it. It’s a toy, right? What harm can it do? Sadly, there’s a few toys out there on store shelves that are not as harmless as you may think. So go ahead and re-think those gift options and we’ll help you choose a little more wisely with the following list of toys topping a consumer safety group’s annual list of worst toys.
1. Fidget Spinners:
These dying fads actually contain small parts that can be a choking hazard to many children. When overused, the center screw can come undone and be consumed by younger children.
2. Mattel’s Wonder Woman Sword:
This seemingly harmless pretend sword has the potential to cause blunt-force injuries with children using it to pretend fight. Unlike other foam swords out there, this particular item isn’t as soft due to the metallic paint covering the hard foam of the sword itself.
3. Marvel’s Spider-Man Drone:
This electronic toy has multiple rotating blades that can lead to eye and other bodily injuries if not worked properly. The age restrictions should not be ignored for this particular toy.
4. Tolo’s “Pull Along Pony”:
This toy is marketed for children over the age of one but has a 19-inch cord hanging off of it. It doesn’t take a testing lab to know that’s a strangulation and entanglement hazard for children.
5. Hallmark’s Disney-themed “Itty Bittys”:
These collectible plush stacking toys are made for babies and were recalled last summer due to fabric pieces that posed a choking hazard. But the toy has created a collecting frenzy with adults and is still readily available online.
These are just five examples, but let this be a conscious reminder to those shopping for little ones.
Claims for Dangerous Childcare Products
We don’t think about it, but many consumer products aren’t as safe as they may seem. Many products on the market can cause serious harm to unsuspecting users of all ages. And though most items sold come with warning labels to make us aware of any pending dangers, defective products are a wild card. This can be even more horrifying when one’s own child is the victim. Parents can have no way of knowing, but the most recent childcare product they purchased can lead to some of the most common causes of injury from lead paint poisoning, age-inappropriate, defective, or items that are choking hazard.
And most child caretakers have no way of knowing their child is in danger from these products until it’s too late. Products are only recalled when a child has already been injured. It’s the manufacturers responsibility to their consumers to place safe products into the stream of commerce. When a child (or user of any age) is injured due to a dangerous product, you need to take action against the manufacturer and hold them liable for injuries caused by their defective products. Because if the design or manufacturing of the product is defective, the product was a danger to any consumer after it left the manufacturer’s possession.
To make a case, a consumer would need to prove that their childcare product had either a manufacturing or design defect. No amount of care a manufacturer put into their manufacturing or design of a product can distance them from the negligence; if it’s faulty, they’re still held to strict liability standards. This falls under a negligence theory and the manufacturer owes the consumers it hurts some sort of peace of mind
If this has happened to you or your loved ones, be sure to file your claim within four years of the incident. Having a trusted attorney who specializes in these claims will help fight for you and what you deserve. Taking legal action will not only give you what the manufacturers owe you but also the safety they must provide for the rest of their consumers.
Playground Safety Tips
Outdoor play offers many advantages for kids, including fresh air, exercise and the opportunity to socialize. Since any activity comes with risks, it’simportant to observe these playground safety tips.
While some states have regulations in place in regards to playground maintenance, don’t place the safety of children solely into the hands of others. Ask the responsible organization about who maintains and inspects the grounds. Even if you get a satisfying answer, examine the grounds for hazards yourself. Check for malfunctioning equipment, rust, splinters, dangerous surfaces and visibility. Sandboxes should not have any debris or bugs.
Appropriate surface materials include mulch, pea gravel, shredded rubber, sand, wood chips, synthetic turf and rubber mats. Avoid playgrounds with concrete, dirt, grass, asphalt or gravel surfaces. Make sure all play areas were designed to allow for adults to view all of the equipment where children play. If you notice anything out of order, you should report equipment, maintenance and visibility issues to the appropriate school, childcare centre, city council or park authority.
Before taking children to the playground, make sure they’re dressed appropriately, so they can’t get injured by clothing or accessories. Clothes with drawstrings can pose a strangulation hazard. The same goes for scarves, necklaces and purses.
Even the safest areas need adult supervision. While it’s tempting to catch up on your social media feeds and emails during this perceived downtime, it’s important to put down electronic devices and actively supervise kids while using playgrounds. Younger children will welcome this attention because they love showing off their climbing, swinging and jumping skills.
Older children might seem more mature but still, need supervision. That’s because they love testing limits. This not only applies to equipment but also to interact with younger kids. It takes responsible adults to keep them in check. Additionally, children of any age can’t foresee dangerous circumstances and don’t always evaluate distances correctly.
Even if kids seem responsible for their age, they won’t be able to handle emergency situations by themselves. Older ones might beg for independence, but adult supervision is necessary to keep them and the children around them safe. Most importantly, supervising children of all ages at play makes it harder for potential perpetrators to lure them away.
Since older children play differently than younger ones, the playground needs to have a separate area for kids younger than five. This area should have a smooth surface to accommodate toddlers who are beginning to walk. It’s important to keep children in the proper areas. Even if siblings of varying ages want to play together, make sure to steer each child to the age-appropriate equipment. Keep in mind that only babies who can sit up and have good head control should use bucket-shaped swings.
Outdoor leisure time plays a healthy role in regards to the social, emotional, physical and intellectual development of children. Implementing these playground safety tips will also help them stay safer.
Children safety in public spaces
Safe Parents: Tips to for Child Safety in Public Spaces
There is no doubt that parents worry about the safety of their children at all times. It is only natural for parents to be concerned, especially since kids naturally engage in risky behavior. The following are a few tips to help improve children safety in public spaces.
As mentioned above, children naturally gravitate towards risky behavior. It is an important part of child development as it allows children to learn how to measure risk and how to avoid it. This does not mean you have to let your kids be daredevils, but it does mean that parents should not impose too many rules.
Encouraging Acceptable Safety
Perhaps one of the simplest ways to encourage children safety in public spaces is to acknowledge that leaving a child alone is not a good idea. Children can take risks, and it is best for an adult to be nearby should accidents happen.
It does not take long for a child to wander off or to be approached by a dangerous stranger. You want to make sure that you or a responsible adult is always present and keeping an eye on your child.
Be sure to teach children important information as soon as possible such as your name and important phone numbers, including 911. You should also teach your kid about relatively safe adults to make contact with should he or she get separated. This could include guards, cops, and adults with children of their own.
You can also teach your child how to tell if an adult works at the place you are visiting, be it a park or fair. Adults who work in these kinds of places often wear name tags or have a distinctive uniform on. Teaching your kid to know the difference could help him or her talk to a relatively safe adult should he or she get lost.
Bullies can be a problem in public spaces for kids. Make sure that you help build a child’s self-esteem because bullies tend to pick on kids who do not feel too confident. A child with enough confidence should be able to stand up against a bully should you not be looking.
Are The Cameras Really Helping?
Backup Camera Technology in Accidents Prevention
Drivers might follow all the driving rules like keeping all the mirrors adjusted, keeping their mind undistracted when driving and still bump into an accident. Most of these accidents are backover accidents. They often happen to children and the elderly. Children love being at the back of the car mostly when they are bidding goodbyes and because of their heights it gets hard for drivers to see them. Back-over accidents are caused by the blind zones in the vehicles which prevent drivers from seeing beyond the rear bumpers.
A lot of people are only worried about highway accidents without having in mind that a high percentage of accidents occur in the driveways and the parking areas. Although many cars have sensors that help drivers detect when they are about to hit an object, that is not enough to prevent a backover accident. Fortunately, there have been introductions of backup cameras that will help solve the problem. The backup cameras are said to work better by themselves than when used together with parking sensors.
Research showed that mirrors alone are not convenient enough in preventing accidents. Large vehicles have the worst rear visibility when small cars have the best. A research tested both the backup cameras and the parking sensors and discovered that cameras are more promising in addressing backover accidents.
How The Back-Up Camera Works
These cameras work differently depending on the implementation. The image quality also varies for different cameras. Some work by capturing video images of the area behind the car which are then displayed on a screen that is situated on the car’s dashboard while others work in conjunction with an alarm sensor that informs the driver when she/he is about to hit an object. Some apply the brake automatically before an object is hit. These are images of objects that cannot be seen by mirrors or glances only. Also, the cameras are helpful because the objects can be seen before it is too late and the driver can apply brakes. This is very beneficial mostly to old drivers or people with disabilities who might be unable to stretch and check behind while driving.
However, these cameras are not entirely convenient in preventing accidents as other aspects have to be considered too. Drivers must be aware of their surroundings before backing up. Some drivers will fail to check the blind spots just because they depend on the backup cameras to see everything happening behind the vehicle. The cameras may at times fail to capture all the images which will lead to an accident, and the drivers must be held responsible. Some of the incidences where the rear cameras might not be of help are;
- When the camera is affected by the weather conditions- During a rainy or foggy weather, it is hard for the camera to capture any images and the driver needs to come up with another plan to prevent accidents.
- When the object is in the shade- The driver may not be able to view an object that is in the shade since the camera cannot capture objects in dark places
- When the sunlight is bright- The camera will capture blurred images which might not be helpful to the drivers.
- When the driver fails to use the camera properly
Backup cameras can prevent accidents, but they should not be fully depended on. Some situations require the driver’s extra effort, and they should trust their instincts because the cameras may not show the whole picture.
Children are prone to accidents and sometimes their injuries are unpreventable. Parents are usually unsure if they can make personal injury compensation claims when their kids get hurt. If their injury is a result of someone else’s negligence you may be entitled to claim compensation.
What types of injury can I claim compensation for?
There are many ways kids can get hurt, and many times it is out of their parents’ hands. In order to be able to get compensation for your child’s injury, you must be able to prove that the responsible party was negligent. Typically, you must also be able to prove that your child was acting with ordinary caution and was not being negligent. The following are the most common ways parents can receive compensation for their child’s injury.
- Road accident as a passenger
- Road accident as a cyclist
- Road accident as a pedestrian
- Accident caused by a dangerous product
- Accident at school, nursery or college
- Amusement park or funfair accident
- Elevator or escalator accidents
- Accident on a vacation
- Accident abroad
- Slips, trips or falls
- Accidents in a public place such as a supermarket or restaurant
How long do I have to make a claim?
The parent of guardian of an injured child can make a claim for compensation as soon as the accident happens up until the child turns 18. In some states, the parent or guardian must get approval from a judge before a personal injury claim can be settled. Usually the insurance company can help by getting you the forms you file with the court for approval.
What happens to my child’s compensation?
As a parent, it is your legal and moral responsibility to hold and use all of your child’s compensation for the benefit of your child and you can be held accountable it you break those obligations. You may also be able to start an account with the court that saves the money for your child until they turn 18.
If you have any questions about seeking compensation for your child’s injury, contact us here.