Parents Have a Right to Expect Quality Care and Supervision From Their Child’s Day Caregiver

In today’s society of two-parent incomes, it seems like day cares are a necessity for parents across the nation. Indeed, the National Center for Education Statistics reports that an estimated 13 million children are enrolled in day care in America. Almost 100 percent of day care requests by parents are for full-time care. When a parent leaves a child at a daycare facility they expect their child will be kept safe. Because of their young age, many children in daycare require constant and individual attention on a regular basis. Studies have found that thousands of young children suffer from a daycare injury each year in the United States.

Most parents would do anything for their children. Their child’s safety is the most important thing to them and they will take every possible measure to keep their children out of harms way. However, parents can not spend every moment of everyday with their children. Often times parents have to entrust the safety of their children to a caregiver.

Types of Child Burn Injuries

Child Care Burn Prevention Laws

Child Care facilities are required by law to take the following steps to prevent child burn injuries. If a daycare fails to follow these rules and your child gets hurt then you can bring a claim for damages against the negligent daycare.

(a) All steam and hot water pipes and radiators must be protected by permanent screens, guards, insulation or another suitable device that prevents children from coming in contact with them.

(b) The use of portable heaters and portable radiators is prohibited during child care hours.

(c) All fuel burning stoves, including but not limited to wood, coal, pellet, or gas, when used during child care, must:

  1. meet applicable local and state codes and approval documentation must be provided to the Department;
  2. be maintained in a manner that ensures the safety of all children. Heaters and stoves in approved space or common space used by children must be surrounded by a fireproof wall or enclosed by partitions, screens, or guards or other similar barricades that are at least three feet in height and installed at least three feet from the heaters and stoves. If non-combustible and non-heat retaining materials are used, barricades may be placed two feet away from the stove.
  3. Heaters and stoves that are not used for heating purposes during child care, or are used before child care and are sufficiently cooled to prevent a child from being burned, may be barricaded less than two feet away.
  4. Heaters and stoves that are never used for heating purposes may be barricaded two feet from the stove or be sufficiently padded to prevent a child from injury if the child falls against them.

(d) Electrical outlets. All electrical outlets within the reach of children younger than school age must be made inaccessible by use of a safety device or covering that prevents access to the receptacle openings. If the covering is a shock stop, it must be of adequate size to prevent a choking hazard. All electrical cords must be arranged so they are not a hazard to children. Electrical cords must not be frayed or damaged.

(e) Fire Inspection. Every program not located in a residence must submit evidence of compliance with applicable fire codes.

(e) Water Temperature. The daycare must provide running water in sinks used by children. In order to prevent tap water burns water temperature must not exceed 120° F.

(f) Fireplaces

  1. All working fireplaces in space used by children must have a secure, child- proof barrier in place at all times.
  2. The educator must be in the room with the children whenever a fireplace is in use.
  3. Hearths that present a hazard to children must be protected or padded.

Has Your Child Suffered a Burn Injury From a Day Care Center Accident?

Experienced Boston Area Child Daycare Burn Victim Personal Injury Attorneys – Initial Consultations Are Always Free – No Fee Unless We Recover For You

If your child suffered a burn injury in an accident at a daycare center we can help. Our lawyers have have a proven track record with over 35 years of legal experience in helping accident victims pursue civil claims and we are ready to take on your case today.

No matter where you are located, we are just a phone call away. Call our law offices today to schedule a free no-obligation case review and consultation at (508) 588-0422 or click the link below to use our Free Case Evaluation Form.

Our personal injury trial lawyers assist clients throughout all of Southeast Massachusetts including, but not limited to, those in the following counties, cities and towns: Plymouth County including Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Wareham, Abington, Rockland, Whitman, Hanson, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Mansfield, Easton, Raynham, Norton; and the Greater Boston area including Cambridge, Lynn, Revere, Everett, Dorchester, Roxbury and Somerville.