Articles Posted in Day Care Centers and Child Care

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There is a common danger in homes, day care centers, schools, and other facilities.  The common danger is in the form of window blinds.  There are injury risks associated with window blind cords including those related to bruises, cuts, scrapes, and most significantly strangulation.  While it is well known and widely reported that window blind cords represent a significant risk to small children, reports of injuries continue to take place because safety precautions were not taken by the applicable child care provider.

It is estimated that approximately 17,000 children under the age of six years old were admitted to a hospital between the time period of 1990 and 2015 due to window blind related personal injuries.  The same report estimated that one child per month died as a result of window blind cord strangulation during this time period.  Toddlers and small children have poor safety awareness.  As such, what appears to be fun to a toddler can actually pose a significant danger.  The report on window blind injuries gathered together data from emergency rooms.  As such, there are most likely more injuries that took place than were part of this study.

While there have been proposals and recommendations by the United States Product Safety Commission as to standards to make cords covered and / or unreachable by children, these recommendations have not been approved or placed into law as of yet.

Swing-Set-150x150Swing sets are commonly placed, seen, and maintained on playgrounds.  When a child is injured during the use of swings on a playground, there may be liability or responsibilities on the part off the city, school, day care center, and / or owner of the property where the swing set is located.  There should be a distinction made between a person, business, or other entity who / that is the supervisor of children and a person, business, or other entity who / that is the owner of the property where the playground / swing set is located.
Supervision of Children
When a child is under the care and supervision of a school, day care center, summer camp, or other program, it is important that reasonable and necessary care be provided to the child.  Playground equipment and play should be age appropriate. Furthermore, children should be supervised in a reasonably careful manner.  Rough or dangerous play should be stopped immediately.  Swings are a known hazard for those playing around the swings and for those children on the swings.  As such, child care providers and supervisors should be on the look out for dangerous play that may result in personal injuries including injuries related to strangulation during playground use.  If a child while using swings is twisting and turning around, a child care provider should immediately step in as this is not the proper or safe use of the swing set.  If the dangerous play continues, the child care provider should promptly remove the child from the swing set area.

https://www.floridachildinjurylawyer.com/files/2017/08/Day-Care-Center-Hot-Van.001-150x150.jpegIn Florida and other warm weather States, the same tragic story seems to be reported every Spring and Summer.  A child is left by a day care center in a van or bus and dies as a result of hyperthermia.  The name of the child is different but the story seems to be the same.  The child was forgotten in the van or bus because roll call was not properly taken and double checked. These “Hot Car” or “Hot Van” deaths are among the easiest to prevent.  It does not require the investment of millions, thousands, or even hundreds of dollars to prevent.  It only requires a pen, paper, and the attentiveness of one staff member to prevent these deaths from taking place.  While it may be tedious to check and double check when children get on and off of a day care center or school bus – the mundane and tedious work is well worth the fact that the lives of children can be saved with this due diligence.  The fact is the we live in a world of distractions and multiple responsibilities on the part of day care centers and child care centers.  However, the fact that there are distractions and multiple responsibilities are never ever an excuse or defense to leaving a child alone in a hot van, car, or school bus.
A recent death of a 3 year old child in the Orlando area is yet one of many deaths reported when roll call or a head count was not properly completed.  When the temperature outside is in the 80s or 90s, the temperature inside in the vehicle can be 40 to 50 degrees or even hotter inside the vehicle.   In just a few minutes, a small child can go from healthy to dead when left alone and unattended in a hot day care center van, bus, or vehicle.  It was reported that Myles Hill, a 3 year old girl, was left on a day care center vehicle operated by Little Miracles Academy.  Following the death of the child, criminal charges were filed in the form of aggravated manslaughter by the State Attorney’s office.  You can read more about this topic at  3 Year Old Child Dies in Orlando Florida – Day Care Center Hot Van Death. 
When a child dies as a result of the negligence of a day care center, child care provider, summer camp, school, or other third party, the parents can file a wrongful death case against the responsible party, individual, and business.  In Florida, wrongful death cases are governed by both case law and statutes as set forth in Florida Statutes Chapter 768.

Building-Blocks-A-and-D-Day-Care-Center-Injuires-150x150Parents rely on others to provide child care during the work day, nights, and vacations as needed. Most child care providers do an excellent job in supervising the children in a safe and nurturing environment.  There are some child care providers who lack the patience, training, and common sense to provide quality care.  Parents should carefully choose the child care providers.  However, in some instances, parents have limited resources and choices and go with what is available, close, or convenient.  When a child care provider is negligent or careless, a case or claim can be brought against the child care provider.

As a Child Injury Lawyer, there are many factors to consider when evaluating a potential case against a child care provider for injuries to the child.  One important practical factor involves the available liability insurance and resources in place to compensate the injured child.  For instance, let’s day that a child is cared for in a family day care setting with three other children.   The day care center is not licensed and does not carry any liability insurance.  The owner of the day care center essentially lives “paycheck-to-paycheck” and has no assets to speak of.  While a 5 year old was under the care of the facility, he wandered into a closet with some chemicals and cleaners.  He mistakenly knocked over one of the bottles and suffered some rather serious burns to his hands.  Once the day care center found the child, 911 was called and the child was transported to a local emergency room.
Would this be a case of negligence that could be pursued against the owner of the day care center?  The answer to this excellent question is both “Yes” and “No”.  Well, that is a confusing answer.  There certainly would be a “legal” case to pursue against the day care center owner.   The four essential elements of a day care center case could be established:  Duty, Breach of Duty, Causation, and Damages.  The chemicals and cleaners should have been locked up and kept out of the reach of the 5 year old child.  The day care center owner breached the duty to provide a safe environment for the child.  As a result of the breach of duty, the child was injured and suffered damages.  As such, it appears that the four elements of a “legal” case could be established; however, the case would most likely be hampered by the fact that the day care center owner has not assets or money to pay for a settlement or judgment associated with the personal injuries.  As such, from a “practical” standpoint, the case probably would not be pursued by most personal injury attorneys who should perform a “legal” and “practical” evaluation of the potential case.

Toy-Graphics-from-Free-Pik-copy-150x150In the State of Florida, the Department of Children and Families licenses, inspects, and otherwise regulates day care centers and child care facilities.   Inspections, training, staff to child ratios, and other aspects of the facility and child care operation must comfort with the applicable Florida laws and regulations related to child care centers or day care centers.  As a Florida Child Injury Lawyer, I am periodically asked what regulations apply to baby sitting or child care services provided at gyms and fitness centers.  Under Florida law and in particular Section 402.302 (2) – Definition – Child Care Facilities, a “child care facility” is defined as center or arrangement to provide care for more than five children in which the facility or center receives a fee or grant for payment for providing child care.
While one may think that any commercial establishment that provides care or supervision of children should be subject to regulations, licensure, and child care training and courses.  Unfortunately, gyms, fitness centers, and similar facilities that provide some form of child care or babysitting do not qualify as “child care centers” and as such do not require licensure, regulation, or oversight.  It is a bit frightening to conceptualize that babysitting and child care centers in gyms and fitness centers are not subject to the same rules as day care centers and child care centers that receive payment for these particular services.
Since licensure for a day care center is not required for child care as part of a gym or fitness facility, does this mean that the gym or fitness center avoids liability or responsibility when there is an injury to a child?  The answer to this question is “Absolutely Not.”  A gym or fitness center can be help liable if the gym or fitness center is determined to be negligent in fulfilling it duties sand responsibilities to provide a reasonably safe environment for children under the care of the business establishment.  To prove up a case, there must be evidence as to four elements of the case:

https://www.floridachildinjurylawyer.com/files/2017/07/Red-Vehicle.001-150x150.jpegIn the State of Florida, it is a crime to leave a child unattended in a vehicle that is turned off.  Pursuant to Section 316.6135, Florida Statutes, it is a misdemeanor to leave a child unattended in a vehicle for more than 15 minutes.  It is a felony if the child suffers significant bodily harm, permanent injury, or disfigurement as a result of being left unattended in the vehicle.  It is also a misdemeanor leaving a child unattended in a vehicle that is still running if the health of the child is put at risk OR the child appears to be in distress. 

The statute as it currently reads is a bit troublesome in that a child can suffer serious personal injuries or even death by being left in a hot car or day care center van in less than 15 minutes.  Some lawmakers in the State of Florida are pushing for changes to this legislation / Florida law to better protect children and to serve as a reminder to parents, guardians, caregivers, and day care centers to stop putting children at risk by leaving children in a vehicle.  

David Wolf – Personal Injury Attorney – is based in Jacksonville, Florida and handles child injury, automobile accident, day care center, and related cases throughout the State of Florida.  He is the author of 11 books including the book titled The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know and the book titled Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents. You can get these books for free by visiting the Personal Injury Book Section of the Wood, Atter & Wolf, P.A. Law Firm Website. 

Drowning-Prevention-Tips-150x150In the summer throughout the United States, there is a common risk in just about every neighborhood – the risk of drowning.  It is important that all child care providers including babysitters, day care centers, child care centers, schools, and summer camps have a plan in place for the proper supervision of children any time that there is a swimming pool accessible to the child and anytime that there are aquatic or boating related activities.

David Wolf is a personal injury attorney based in Jacksonville, Florida who handles child injury cases throughout the State of Florida.  David Wolf is an attorney, author, and advocate for the safety of children.  It is important that the safety of a child be a top of the mind priority for a child care provider any time a child is near a swimming pool or some how may gain access to a swimming pool.  David Wolf is the author of 11 books including the book titled – The ABCs of Child Injury – Legal Rights of the Injured Child. This book covers a variety of topics including the following:  Swimming Pools, Water Parks and Other Bodies of Water, Sports and Recreational Injuries, Automobile Accidents, Playground Injuries, and other topics.  You can get this book for free at The ABCs of Child Injury.

Drowning is more common than we would like to admit, in fact, for children between the ages of one and fourteen it is the second leading cause of death. Because of the increased risk these children face, it is important for parents, neighbors, friends, relatives, schools, summer camps, day care centers and all others in charge of supervising a child in or near a swimming pool or other water way to keep the certain tips and concepts in mind.

https://www.floridachildinjurylawyer.com/files/2017/05/Day-Care-Center-Book-Graphic.001-150x150.jpegIn the State of Florida, parent rely on day care centers to properly care for and supervise their children during time periods in which there are work and personal commitments that require the use of a day care center.  It can be quite disheartening to a parent to work a full day only to pick up a child at a day care center who has been injured, battered, abused, neglected, and / or harmed.  It should be noted that a day care center is not an absolute insurer for the safety of a child.  In other words, a day care center is not automatically liable for damages every single time that a child is injured at a day care center.  In order to establish liability or responsibility on behalf of the day care center, four elements must be established to form the basis of a claim or case against the day care center as follows:

Duty;

Breach of Duty;

Fractured-Arm-150x150In Florida, working parents rely on day care centers to provide supervision and education in a supportive environment. When there are issues or problems with a day care center, parents often question whether there is a case or claim to pursue on behalf of injured child. It should be noted that there may be a legal case or claim to pursue yet the practical considerations, costs, and risks may end up deterring some parents and attorneys from formally pursuing a case.  There are four essential elements of a day care center case as follows: 1 – Duty  2 – Breach of Duty  3 – Causation  4 – Damages
Based in Jacksonville, Florida, David Wolf is a partner in the law firm of Wood, Atter & Wolf.  As a child injury attorney and advocate, David Wolf handles cases throughout the State of Florida.  He is the author of 10 books including books that focus on child injury matters.  He is the author of the book – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know and the book titled – Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents. For over 26 years, David Wolf has represented injured children and their families in the aftermath of an accident or incident causing personal injuries. Read more about the books written by David Wolf at Personal Injury Books and Resources for Clients and Prospective Clients.
In evaluating the potential elements of a case, it is important to consider the particular facts, circumstances, evidence, and law on point.  It should be noted that all four elements must be established to pursue a case on a behalf of an injured child.  From a practical standpoint, the case or claim may not be pursued if the injuries were minimal and do not require much in the way of medical intervention and treatment.  Of course, each claim or case should be evaluated on its own facts and circumstances.

Toy-Graphics-from-Free-Pik-copy-150x150In Orange County, Florida and other areas, day care centers are located on or just off of busy streets, highways, and roads. There have been reports across the nation of vehicles crashing into day care centers.  It would seem like a rare and odd incident but cars crashing into buildings housing schools and day care centers happens far too frequently.  Orange County, Florida is taking measures to help support and encourage day care centers to put barriers in place for the protection of the children, staff, and visitors to the day care center.

A new county ordinance has emerged in Orange County, which requires new daycares to be built with protective barriers. This ordinance follows a tragic occurrence two years ago when four-year old Lily Quintus, died after a vehicle crashed into her daycare. One vehicle hit another causing it to spin out of control and land in a daycare center. Thirteen people, including one adult, were taken to local hospitals with their conditions ranging from minor injuries to critical condition. See More Options in Place to Protect Children at Orange County Day Cares.

Now, newer daycares in the area could be mandated to have barriers in place prior to their opening. The barriers can vary from concrete balls to large, decorative pots. In addition to these barriers, some other precautions day care facilities can take are adding fences. Fences can also play a two-fold role by protecting children from unexpected vehicle accidents as well as from local wanderers. Most day care facilities have playgrounds with children running around outside. For day care facilities near main roads, these fences should be durable enough to protect the children if a car were to hit the fence. Day cares can also create their own rules to make sure children do not cross a certain line or area.