LAWSUITS INVOLVING CHILDREN INJURED WHILE AT AN INDIANA DAYCARE – YOUR INDIANA INJURY LAWYER

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Attorney in Indianapolis, IN

William W. Hurst

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Serving Indianapolis, IN

  • Serving Indianapolis, IN

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Partner at firm Law Office of William W. Hurst, LLC

Serving Indianapolis, IN

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In
August of 2008 in Greensburg, Indiana, a parent of a toddler dropped
off their 2 year old daughter and two hours later a large console
television fell on her daughter crushing her eye sockets, pallet, nose
and cheekbone.  It will be many years before she’ll recover because of
her age and how things grow.  Unfortunately this kind of an event is not
uncommon.   http://www.wthr.com/story/9412088/parents-push-for-day-care-licensing-after-toddlers-accident

Indy Channel 6, RTV6, ABC, RTV6
recently did an investigation reviewing a year’s worth of complaints
validated by the State’s Family and Social Service Administration Bureau
of Childcare and found daycare centers cited for various violations
such as having too many children per staffer, staffers using alcohol and
cigarettes around children, inappropriate discipline (such as biting
and spanking), and even child abuse and neglect.  The Bureau of
Childcare gets approximately 1,200 complaints a year and they follow up
on all of them.  They have indicated that about 20% of the complaints
are validated by State inspectors.  This information may be found online
at www.theindychannel.com\news\ 27866630\detail.html and can be seen at the Family and Social Services Administration website. For Indiana daycare inspection reports see www.ehow.com/how_832560_daycare_inspection_report_Indiana.html

Indiana law has designated the Indiana Family & Social Services Administration,
a division of Family Resources, to regulate childcare in the State of
Indiana.  Indiana has a number of rules and regulations which are be
applicable to daycare centers created by the Indiana State Department of
Health and the State Fire Marshall.  These rules/regulations may be
found at http://www.in.gov/legislative/ic/code/title12/ar17.2/ch4.html.
In Indiana, the Bureau of Child Care conducts annual investigations
regarding child abuse and negligence of employees and volunteers at
daycare centers who have contact on a regular basis with children.  The
Bureau of Child Care often involves Child Protective Services for
checking sexual abuse claims in licensed daycare centers and licensed
child care homes.  The Bureau of Child Care does not issue licenses or
enter into any kind of informal agreement with a licensed home childcare
provider when an incident of sexual abuse against a child has
occurred.  The rights and licenses of a business where this occurs will
be refused or revoked in case of such a finding.  www.daycare.com/Indiana and www.in.gov/fssa/2552.htm and www.daycare-centersite.com/IN.html

The National Center for Education and Statistics indicate that 6 out
of 10, that is nearly 13,000,000, infants, toddlers and preschool
children are enrolled in childcare.  It is known that many children are
treated in hospital emergency rooms for injuries that occurred at
childcare.  For example, in 1997 about 31,000 children four years old or
younger were treated in U.S. hospital emergency rooms for injuries that
occurred in childcare settings.  www.safetypolicy.org\ pm\daycare.htm
The most common injuries are cuts or lacerations (31%), bumps or
bruises (15%), fractures (10%) and dental injuries (8%).  Most injuries,
51%, occur on the playground.  Many injuries (18%) and more than half
of the fractures and concussions (53%) were due to falls from climbing
equipment.  www.pediatrics.8appublications.org\content\93\34\364.

Sometimes
children are too young to inform parents about the abuses or injuries
they’ve suffered in a daycare.  It is therefore very important to obtain
immediate medical attention if you suspect your child has been injured
or harmed in any way in order to determine the extent of the injuries. 
While daycare centers should put the safety and care of children as
their first priority, too often a child is left in the care of an
underpaid or poorly trained daycare worker.  Daycare workers need
training and supervision which they often do not have.  In addition,
playground equipment and toys are often not maintained placing children
in danger.

Tips for parents who want to check on the child care facility include:

1.) “Googling” the name of the facility to look for complaints and inspection reports.

2.) Call the FSSA Bureau of Child Care and ask questions to understand the State’s inspection findings.

3.) You should drop into the child’s daycare unexpectedly during the day from time to time and simply observe what’s going on!

4.) Always ask your daycare provider if they are on “probation” or if there are any issues regarding their license.

5.) Ask questions and understand the daycare’s discipline policy as corporal punishment is not illegal in the State of Indiana.

6.) Ask about the current child to staff ratio is important and
accidents are more likely to happen when staffers are watching too many
children www.ChildCareIndiana.org.

7.)  To see various daycare centers rating visit www.in.gov/activecalendar/EventList.aspx?…id

If you need more information about childcare facilities and
inspection reports in the State of Indiana, contact a local resource and
referral representative at 800-299-1627.

If your child gets hurt you should know that many daycare centers
have insurance to provide medical benefits automatically without a claim
for liability being made; and certainly before filing a lawsuit for
your injured child, you will present a claim to the insurance carrier of
the daycare facility.  When you do this you may want to have an
attorney who specializes in personal injury law review your proposal to
ensure you do not accidentally waive any of your child’s rights. 
Certainly any claim that you make should protect your child, should
include medical bills and compensation for any disability, pain and
suffering.  Since a child is a minor it will be necessary to do a
probate proceeding to appoint a guardian to sue (make claim) on behalf
of the child.  Generally, the statute of limitations for a child is
extended in most States.  However, the claim a parent may make is
subject to the Statue of Limitations which in Indiana is 2 years from
the date of the incident.

Our attorneys are constantly “shocked” by the negligence exhibited by
some daycare workers who are entrusted with the safety of our children.
Our law firm is dedicated to aggressively investigating and pursuing
claims for injuries to children caused by careless daycare operators. 
If your child has been injured due to the negligence of a daycare or its
employees, contact the injury lawyers at the office of William W. Hurst today.  For a free consultation call 1-800-636-0808.

www.indianapolisabogado.com

In
August of 2008 in Greensburg, Indiana, a parent of a toddler dropped
off their 2 year old daughter and two hours later a large console
television fell on her daughter crushing her eye sockets, pallet, nose
and cheekbone.  It will be many years before she’ll recover because of
her age and how things grow.  Unfortunately this kind of an event is not
uncommon.   http://www.wthr.com/story/9412088/parents-push-for-day-care-licensing-after-toddlers-accident

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