Articles Tagged with negligence

Day-Care-Center-Toy-Blocks-150x150A day care center should be a safe haven for children. It is important that the day care center management and workers are mindful of safety measures for the children enrolled in the program.  Infants and toddlers are at risk for choking from every day items at a day care center. It is well known or should be well known to the day care center workers that small children lack safety awareness.  In particular, a child will put an object in his or her mouth without thinking or understanding the consequences of such a simple act.  Whether it is a coin, button, small toy piece, bottle cap, or other item, a moment of inattention on the part of a day care center worker can lead to significant personal injuries and even the death of a child. 
 
On the checklist for any size day care center, the staff should monitor all areas accessible by the children as to choking hazards. Any and all choking hazards should be kept out of the reach of the children. In addition, there should be constant monitoring if by chance a child some how – some way manages to swallow a small object that can block the airway or cause internal damages / injuries. 
 
It was recently reported that a 10 month old child enrolled in a North Carolina day care center choked on a piece of a pine cone. The incident was reported to take place at or near the A Hug A Day Daycare Center located in Raleigh, North Carolina.  See 10 Month Old Dies at North Carolina Day Care Center Atter Choking on a Pine Cone.

Summer-Pool-Time-150x150Summer is filled with fun, games, and outdoor activities.  Children get a break from school and the time to enjoy the outdoors.  While summer can be filled with wonderful activities and fun, it also is filled with risks and dangers.  This is especially true for any and all activities in or near water. Children, especially toddlers and infants, do not understand the risks / dangers associated with swimming pools and other aquatic areas.  While the risks of drowning are well known or should be well known to adults / child care providers, there are still reported drownings of children every year.

For children one to four years old, drowning is statistically the most likely cause of death, but there are ways in which it can be avoided. Unattended bodies of water such as bathtubs, ponds, and pools serve as the biggest threat to your child’s safety. According to KidsHealth.org it takes less than 2 inches of water for a young child to drown, meaning any small bodies of water whether it be in a sink or toilet could pose risks to a child’s safety. Unsupervised access to these bodies of water could quickly lead to a drowning case in which it only takes 90 seconds for your child to potentially pass away. The National Safety Council recommends that parents give their children swim lessons from an early age in order to teach them how to swim and further prevent a possible drowning incident.

From the perspective of a community center or any organization tasked with watching children near bodies of water, supervision is of the utmost importance. Having at least one designated “water watcher” lowers the chances of unexpected drowning instances. In cases pertaining to community pools there may be a lifeguard watching the water but it is always safe to assign at least one additional “water watcher” in order to account for moments in which the lifeguard may not be paying attention OR otherwise occupied with another situation. When a drowning or potential drowning incidnt occurs, there is very little time to react and potentially save a life. Ensure that employees and parents are aware of CPR techniques as this knowledge and skill may be the difference between life and death in these occurrences. Around larger bodies of water, such as lakes, rivers, and oceans, ensure that all children are fashioned with life jackets, even if they are adequate swimmers. Life jackets could also be used in smaller bodies of water for weaker swimmers. When at these natural bodies of water also be aware of local wildlife and foliage that could potentially cause a drowning incident. Large waves and undertows are also known causes of drowning so be sure to keep children away from these parts of the water. Teaching children to not stand with their back to waves can lower the odds of them being knocked over and into the water. Safety first should be top of mind in any situation where a child is in or near a water area.

Day-Care-Center-Safety-150x150In Florida and other states, day care center related laws require minimal standard or training for staff members.  With or without these standards in place, the safety of children warrant this training and more.  When selecting a day care center, it is important to find out information as to training, licensure, and prior inspections. Training is needed for all aspects of care from food consumption to sleeping protocols.

Day care professionals are required to receive a certain level of training before they can work at a day care. In the State of Florida, a person must complete 40 hours of training and pass a competency exam, then an additional 10 hours of in-service training. This intensive training is designed to prepare them for any situation that could come their way while watching children. They become familiarized with basic first aid and CPR, as well as making accommodations for children with allergies or special needs children. There is even more training that must be taken if a caretaker intends to work with children under 24 months. This includes understanding safe sleeping practices to prevent SIDS, general head trauma prevention, and brain development. In short, training for day care providers is meant to keep the children enlisted in the day care as safe as possible.

If this training is not received, the results can be disastrous. A child can get seriously hurt or killed if in the care of an improperly or inadequately trained person. While this situation would likely result in the shutting down of the day care, this does not ameliorate the pain suffered by bereaved parents In order to avoid this, parents should take care to research the day care they intend to send their children to. Just a few hours of online browsing, reading, and related training could save their child’s life.

Video-Surveillance-150x150A valuable tool that can both help monitor the care of children and punish nannies, babysitters, and other child care providers when there is neglect and abuse is the nanny cam. Certainly, it would be a perfect world if every child care provider was trained, patient, and perfectly attentive to the child. Unfortunately, many nannies and child care providers take out their anger and frustration on an innocent child. Babies by their nature will cry and be fussy. That just goes with the territory of watching over a child. When a baby cries, it is never ever appropriate or proper to shake the child. One shaking incident can lead to a lifelong medical problems for the child and even the wrongful death of a child. When these types of acts are caught on video through a hidden nanny cam, the video would be a strong piece of evidence to convict the wrongdoer and also to deter others from engaging in such dangerous and callous acts.

An incident that took place in Jacksonville, Florida exemplifies the unfortunate reality of parents uncovering abuse to their children by hired childcare providers through footage from a nanny cam. It was reported that a mother discovered her nanny aggressively shaking her two-year-old son after watching a video she recorded from a camera hidden inside her son’s lunchbox. Unfortunately, Florida’s two-party consent laws prevent this mother from using the recording she obtained from her nanny cam in court because hidden camera footage does not have the consent of both the recorder and the person being recorded. Though the mother in this case from Jacksonville is trying to convince the legislature to alter the law so that nanny cam footage may be used in court, she currently cannot use the footage she obtained of her nanny abusing her toddler.

Though hidden camera recordings like the one obtained by the Jacksonville mother are not admissible in Florida courts, some types of nanny cam footage may be. Florida Statute Section 934.03 is the law that prevents individuals from recording audio without the consent of both parties. Because it only precludes the use of oral communication recordings, nanny cams that only take videos without audio recordings could be admissible as well as nanny cams that only capture photos without any video or audio components. Additionally, a parent may be able to use audio and visual footage obtained from a nanny cam in court if they obtain informed, written consent from the nanny to record him or her on video cameras within the home or other areas under surveillance prior to the abuse proceedings arising. Nonetheless, parents should still consult an experienced attorney for advice pertaining to their specific situation before installing a nanny cam. In the tragic event that a nanny or childcare provider does abuse one’s child, the parent should consult with an Experienced Child Injury attorney about the potential cause of action that may be brought on behalf of the child because the family may be entitled to a damages award for the injuries the child sustained.

Swimming-Pool-Drowning-150x150In the State of Florida, warm weather allows for swimming and water related activities during most of the year. Of course, summer time is the most popular and populated swim period.  With hot weather in the summer, swimming can be a great way for children to play, relax, and have fun.  However, swimming related activities and locations can also be the site of a tragedy when a child dies as a result of a drowning.  Children are naturally curious. Furthermore, young children especially toddlers have very poor safety awareness.  Because of this, it is important that small children are properly supervised at all times and that swimming pools have proper barriers to the protection of toddlers and young children.
David Wolf, a partner with the law firm of Wood, Atter, & Wolf, P.A. is a child injury attorney based in Jacksonville, Florida who handles 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.  The book covers a number of topics including Homeowner’s Insurance, Swimming Pools, Water Parks, and Other Bodies of Water, Sports and Recreational Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.
It is reported that drowning deaths among all age groups is the sixth leading cause of unintentional deaths.  For children 14 and under, drowning is reported as the second leading cause of unintentional deaths.  Despite the known dangers of swimming pools for children, there are still a number of deaths reported over the summer and other times of years of a small child wandering into a pool area and drowning.

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.

4_ToysIn Florida and other States, day care centers should essentially be safe havens for children. Hard working parents deserve the comfort and peace of mind knowing that a child is safe and protected in a day care center. Unfortunately, far too many children are injured in the very places (day care centers / child care centers) where the children should be otherwise in a safe learning environment. In the aftermath of a child injury at a Florida day care center, a parent is faced with many questions, challenges, and stresses. It is at this time that a Florid Child Injury Lawyer can provide some help, guidance, advice, and, when necessary, legal representation. David Wolf has over 26 years of experience. From this first day on the job as an attorney to the present day, he has spent the duration of his entire legal career to the protection and enforcement of the legal rights of children. He is the author of a number of books including the book titled – Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents. This book has chapters on Indoor Facilities, Outdoor Facilities, Playgrounds, Staffing, Emergency Procedures, Incident Reports, and other topics. You can get this book for free at Florida Day Care Center Injuries.

When evaluating a potential day care center case, there are four elements to establish:

1 – Duty;

Florida Pool.001In Florida, it is common to see swimming pools in most neighborhood.  It is somewhat of a luxury to have a swimming pool right there in the back yard.  Swimming pools can add to the aesthetics of the house and surrounding.  Swimming pools can also provide for a great deal of fun and relaxation for adults and children alike.  Unfortunate and tragically, swimming pools are also the site of horrible tragedies that despite laws, common sense, and the general knowledge of other similar tragedies continue to take place.  It has been reported that Florida leads the nations in drowning for children under the age of 5 years old.  Florida has ranked second in drownings the age group of 1 to 14 years old.  Florida’s weather allows for swimming almost year round.  During Spring and Summer months, it is tragically predictable that additional drownings of small children will take place.
Florida has adopted a swimming pool act that applies to all homeowners with a swimming pool.  There must be a barrier that is at least 4 feet high on the outside.  There should not be any gaps, openings, or structural components that would allow a child to crawl or squeeze through the barrier or enclosure.  You can read more about these regulations at Section 515.29, Florida Statutes – Residential Swimming Pool Barrier Requirements.
Can a homeowner be held liable or responsible with a child neighbor or child visitor drowns in the swimming pool in Florida?  The answer to this question like most legal question is “It depends.”  If the homeowner failed to follow the Florida Residential Swimming Pool Act and these violations were the proximate cause of the drowning – then the homeowner may be held liable or responsible for the drowning.