When parents drop off a baby at daycare, they trust that the adults in charge will keep that child safe from dangers the child cannot recognize or escape. On a hot July afternoon, that trust was broken at the Child Development Center at Aberdeen Proving Ground, a U.S. Army installation in Harford County, Maryland.
Jenner Law represented the family of a seven-month-old boy, identified in court papers as R.B., who suffered second- and third-degree burns to both hands and his right knee after daycare staff placed him on a sun-baked blacktop playground. Because the Army owned and operated the daycare, the family brought its claims against the United States under the Federal Tort Claims Act in [Pseudonym] v. United States in the U.S. District Court for the District of Maryland.
What Happened That July Afternoon
R.B. was the youngest and least mobile child in his classroom. At seven months old, he could not walk, stand, or sit up on his own. He had only recently learned to crawl and scoot, and he could not yet speak. His caregivers knew all of this.
The day was sunny, with a high near 90 degrees. At about 3:00 p.m., with the air temperature at least 89 degrees, staff moved the children outside to an uncovered playground with a blacktop surface. R.B. was wearing a short-sleeved shirt and shorts, leaving his hands, knees, and lower legs exposed.
At about 3:11 p.m., R.B. was taken out of the crib used to carry the children outdoors and set down directly on the blacktop. No mat, blanket, or other covering separated his skin from the hot pavement. According to the complaint, he was left to crawl on the surface for several minutes, at times in full view of his caregivers. At one point, as he crawled toward a caregiver, she backed away from him.
R.B. did not have the strength to push himself up into a sitting position to get his hands and knees off the ground, and he could not tell anyone he was in pain. He cried. The staff later told his parents they thought he was simply being “fussy.”
For a free legal consultation, call,
(888) 585-2188
A Burn Dismissed as a “Rug Burn”
When R.B. was finally picked up and moved to the shade, the skin on his right knee had burned through, leaving an open wound. Staff placed a gauze pad over the knee. No doctor was called. When his parents were contacted around 4:00 p.m. and arrived at the center, they were told their son had a “rug burn” and needed some tender loving care.
Because the gauze covered the wound, his parents did not see how serious it was until they took him to his pediatric provider that same afternoon. The provider sent the family straight to the pediatric burn unit at Johns Hopkins Hospital. There, doctors diagnosed second- and third-degree burns on both of R.B.’s hands and his right knee.
What followed was a hard road for an infant and his family:
- Ketamine sedation for a debridement procedure, because local anesthesia could not control his pain; his parents could hear him crying during the procedure
- An overnight admission to the Johns Hopkins burn unit, a hand splint, and weeks of dressing changes, topical medication, antibiotics, and pain relief at home
- Follow-up visits and physical therapy
- Developmental regression: he refused the bottle, became intensely attached to his mother, and crawled on one knee to keep his injured knee off the floor
- More than four months out of daycare, requiring his parents to arrange other full-time care
- A permanent scar on his right knee
The Legal Claims
The family’s complaint alleged that the Army’s childcare staff failed to exercise the basic care any reasonable provider owes an infant. It asserted four counts:
- Negligence for placing a baby who could not sit up on an unreasonably hot surface, leaving him there, failing to monitor or remove him, and failing to treat his injuries.
- Negligence per se based on federal childcare safety rules, including Department of Defense child development program standards requiring daily safety walk-throughs of play areas, correction of observable hazards, and plans for handling medical emergencies.
- Negligent supervision, hiring, training, and policies for failing to train staff not to place infants on hot surfaces in high heat, not to test surfaces before letting infants on them, and how to recognize and respond to injuries.
- Loss of consortium and parents’ damages for the medical expenses, lost income, childcare costs, and emotional distress R.B.’s parents endured.
Complete a Free Case Evaluation form now
Suing the Government When a Military Daycare Fails
Families harmed at a base Child Development Center cannot simply sue the daycare or its staff. Claims against the federal government for the negligence of its employees are governed by the Federal Tort Claims Act, which has its own strict procedural rules:
- An administrative claim comes first. Before any lawsuit, the family must present a written claim, usually on Standard Form 95, to the responsible agency. Here, that was the Department of the Army.
- The claim must state a specific dollar amount and generally must be presented within two years of the injury. We filed the Banks family’s claim well within that two-year window.
- The agency gets six months to respond. If it denies the claim or does not decide within six months, the family may file suit in federal court. The Army had not resolved the Banks claim when we filed the lawsuit.
- State law sets the standard of care. The United States is liable to the same extent a private person would be under the law of the state where the injury happened, which here was Maryland.
- Cases are decided by a judge, not a jury.
Missing a deadline or a technical requirement can end a claim permanently, which is why families should talk to an experienced lawyer promptly.
Call or text (888) 585-2188 or complete a Free Case Evaluation form
Resolution
The family and the United States ultimately resolved the case through a negotiated settlement. As is standard in FTCA settlements, the government did not admit liability. Because R.B. is a minor, the settlement required court approval, and Maryland law requires his share of the recovery to be held in trust for his benefit.
Lessons for Parents and Childcare Providers
Playground surfaces in direct summer sun can become far hotter than the air around them, and dark asphalt is among the worst. An adult walking in shoes may never notice. An infant crawling on bare hands and knees cannot escape and cannot explain what is happening.
Childcare providers should:
- Check outdoor surfaces by hand before placing any child on them, especially on hot, sunny days
- Keep non-walking infants on shaded, covered ground or a blanket or mat, never bare blacktop
- Treat crying in a pre-verbal child as a signal to look, not as fussiness
- Get medical care for any burn that blisters or breaks the skin, and tell parents the full truth right away
Parents should feel free to ask their daycare where infants play outdoors, how staff handle heat, and what the center’s policy is when a child is hurt.
Was Your Child Hurt at Daycare?
If your child was injured at a daycare, school, or military Child Development Center, Jenner Law can help you understand your rights. Claims against the federal government carry short deadlines and strict filing rules, so it is important to act quickly. Contact Jenner Law at (410) 413-2155 for a free, confidential consultation.
Prior results do not guarantee a similar outcome. The facts described above are drawn from the allegations in the family’s court filings.