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Nothing is more devastating to parents than an injury or accident befalling their children. Kids are especially vulnerable to injury because of their small size and lack of knowledge about the world around them. Kids do not always understand the danger, which is why they must be supervised carefully and at all times. Common places for children to sustain injuries, and a leading cause of personal injury lawsuits, are injuries sustained by children in a daycare or playground setting. Playground Injuries Each year in the United States, emergency rooms treat more than 200,000 children from age 14 and younger for playground related accidents. About 45% of playground related injuries are severe, resulting in such injuries as:
• fractures
• broken bones
• internal injuries
• concussions
• dislocations
• amputations If your child was injured at a playground as the result of poorly kept play equipment, or at home due to a manufacturing defect in the equipment, you may be entitled to compensation to pay for your child’s medical expenses and pain and suffering. Day Care/Facility Injuries Most of the injuries that children suffer are preventable. Sometimes, the facilities that children use, like day care centers, schools or even amusement parks, are not designed properly or are poorly maintained. Often problems arise as a result of understaffing or poor staffing, resulting in incompetent or inexperienced workers. Day care centers in particular owe a duty to protect your child because, by accepting your child to care for him or her, the day care center stands in "loco parentis," meaning in your place to ensure the child's safety. Day care operators must prudently inspect their facilities for potential dangers to the children entrusted to them, and day care businesses must properly supervise the children entrusted to them as well as supervising their own day care staff. Unfortunately, all too often day care centers are overcrowded and little individual attention given to each child. This leads to a situation where the child is not adequately supervised or protected against injury. Failure to supervise a child can be dangerous. For example, the great majority of dog bites happen to children. While sometimes the injury is as simple as a broken arm or leg, often times the damage is more permanent — a child could suffer severe disfigurement, blindness, traumatic brain injury, paralysis or even death. Tragically, failing to adequately supervise a child has could also leave the child open to the possibility of abduction or abuse. If your child has been injured because of poor maintenance or lack of supervision at a playground or daycare center, contact Silberstein, Awad, and Miklos, P.C. for more information regarding your rights.
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