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Month: July 2016

Your Guide to Understanding Daycare Negligence

Your Guide to Understanding Daycare Negligence

Every parent’s worse nightmare is to receive a call from your child’s daycare facility, that there has been an accident or emergency, and your child is hurt. This has been a reality for many families. While injuries at daycare centers can vary from minor accidents through to severe or fatal injuries. Unfortunately, in a significant number of cases, there is an underlying issue of daycare negligence.

Small Errors of Daycare Negligence:

Even a small error has the potential for serious consequences and reflect an issue of daycare negligence. For example, the case of a three year old dying at a preschool after he swallowed a pushpin. The incident occurred in 2011 when the child was permitted an unsupervised use of the bathroom, where he obtained a pushpin. The child swallowed the sharp object, and he choked.
The preschool facility was cited for the failure to monitor the young child properly and for creating a situation where the child had access to a pushpin. However, despite these severe and dangerous violations, the state could only impose a fine of $150 on the facility. Fortunately, civil law does provide an avenue to pursue accountability for the family of the child.

Signs of Daycare Negligence:

Both federal and state laws aim to ensure that standards of care are met by all facilities. These provisions include providing proper supervision, removing known dangers and maintaining the necessary caregiving items for emergencies. However, it is still important for parents or guardians to ensure that their childcare provider is offering a high standard of care.
The signs of daycare negligence include a poor caregiver to child ratio, inadequate access to water or proper bathroom facilities, improper safety standards, lack of access to first aid materials and lack of safety measures to prevent children from wandering off the premises.

If you are concerned that your child has been injured or hurt at a daycare facility and may have been the victim of daycare negligence, it is important to seek professional, legal advice. An experienced personal injury attorney will advise you about whether you have a case for monetary compensation.

Federal Agency Urged to Recall Tipping Ikea Furniture by Consumer Groups

Federal Agency Urged to Recall Tipping Ikea Furniture by Consumer Groups

There have been three fatal accidents involving toddlers and tipping Ikea furniture. Four consumer groups are pushing the U.S Consumer Product Safety Commission to issue a formal recall of the Ikea Malm dresser involved in the incidents. In a letter to the CPSC, Consumer Federation of America, National Center for Health Research, Consumers Union and Kids in Danger have urged the agency to take immediate and strong action to prevent further injuries from tipping Ikea furniture.

The CPSC Response:

Elliot Kaye, CPSC Chairman, has issued a statement that he agrees that quick action needs to be taken to protect children from tipping furniture. Mr. Kaye would not comment on a specific case, such as the Ikea tipping furniture. However, he did say that companies should be on notice that they need to prevent further harm, even if a public announcement has been made about a dangerous product. He said that he expects companies to put safety first, working with the CPSC quickly to develop a plan to offer customers necessary measures to ensure safety.

The Malm Tipping Ikea Furniture:

The tipping Ikea furniture still presents a great potential danger. In February, a 22 month old child in Minnesota was killed when the Malm dresser unit in his room tipped on him.
Ikea has issued a statement, saying that it was a priority for the company to raise awareness about the tip over incidents and increase prevention. The company states that the best way to prevent tipping Ikea furniture is to attach the units to a wall using the restraints provided with the product.
The death of the Minnesota toddler marked the third confirmed fatal accident involving tipping over Malm dresser units. While Ikea and the CPSC launched an education and repair campaign, there was no product recall. However, consumer groups are highlighting that since there has been a further death, the lack of a recall is unacceptable.

If you or a loved one has suffered an injury caused by an unsafe product, speak to a lawyer today. The team of experienced Milwaukee injury lawyers at the PKSD law firm are available to discuss the circumstances of your case and advise you if you have a claim.

Is the Meatpacking Industry Hiding Safety Hazards?

Is the Meatpacking Industry Hiding Safety Hazards?

While the reported injuries in the meat and poultry industry have decreased, personal injury lawyers in Milwaukee would like to highlight that plant workers are still in danger while on the job. Government Accountability Office has stated that safety hazards within the industry are worse than they appear.

The Potential Safety Hazards:

According to a Government Accountability Office report, many workers may be reluctant to speak out about any health and safety hazards for fear of losing their job. Additionally, meat companies could be under reporting workplace injuries to OSHA in order to avoid scrutiny and higher costs.
Congressional Democrats asked the GAO to perform the study to assist OSHA in assessing the safety hazards within the slaughtering and processing facilities in the U.S. The GAO has determined that regulators face many challenges, including the lack of reliability in injury data.
Recent inspections conducted by OSHA suggest that many injuries are unreported. However, it is difficult to gauge the extent of under reporting as vulnerable workers may fear for their livelihood and be under pressure not to report any injuries.

The Extent of the Problem:

Workplace safety watchdogs have highlighted that the report creates a need for heavier industry policing. They point to findings that some workers are not provided with appropriate medical treatment and are instructed to return straight back to work. Researchers interviewing workers were told that first aid treatments such as over the counter medications or compresses were often substituted for proper medical treatment. Some in house health facilities would often try to persuade the worker not to report injuries.
The 2013 figures show that 39 out of each 10,000 workers reported missing a minimum of one day of work due to a musculoskeletal issue. However, a CDC analysis of one plant found over a third of workers were showing signs of carpal tunnel syndrome.
Since OSHA use injury reporting data to assess safety hazards, despite the decrease in reported injuries, the industry obviously has some way to go.