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By David Wolf, Attorney and Robert Chaiken, Attorney

Truck Accident.001In communities throughout the United States, there is a common danger that is out on the roadways – day and night. The common danger is in the form of large commercial vehicles and semi-tractor trailers.  Certainly, companies have a right to conduct business and it is proper to utilize commercial trucks and semi tractor trailers in intrastate commerce and in interstate commerce; however, when the commercial or truck driver crashes into other vehicles or causes a crash due to the negligent driver of the commercial or truck driver then there is a cause of action against both the driver and the company that he or she is driving on behalf of.  When there is a crash with semi tractor trailer, the resulting damage to both other vehicles, drivers, and passengers can and often is quite significant and in some cases tragic and devastating.  Certainly, all drivers have a duty to operate the motor vehicle in a safe and reasonable manner by observing and obeying speed limits, street signs, traffic, and weather conditions.  Commercial and truck drivers have special training or at least should have special training to operate such large vehicles.  It is important that the trucks are well maintained and that driver logs are meticulously maintained and followed.  One drowsy or overworked truck driver can change the life of another person and his or her family in a split second.
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By David Wolf, Attorney

medical_2008015232-1113int.epsIn Georgia and other States, children are the unfortunate victims of pedestrian accidents involving an impaired driver.  Whether the driver is impaired by alcohol, drug use, or a combination of the two, children especially child pedestrians are put at risk for serious personal injuries and harm.  When there is a pedestrian personal injury matter involving an impaired driver, there can be one or more legal matters that result and proceed:  1. Administrative; 2. Criminal; and 3 Civil.
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By David Wolf, Attorney
Teddy Bear Sleeping on MoonDay care centers are relied upon to provide care for children so that parents can support the family.  While many would prefer to care for their own children during the day and avoid day care centers completely, the economics and practicality of the matter is that many parents have no other viable choice but to utilize day care centers for their children.  Tragically, deaths occur at day are centers from incidents that are foreseeable and preventable.  An otherwise normal day turns into a nightmare that lasts a lifetime when a child dies as a result of neglect, negligence, carelessness, and even intentional acts.  Children especially infants and toddlers are vulnerable for injuries and medical complications that do not typically occur with elementary age and older children. In particular, infants and toddlers are at risk for complications that take place during a common activity that takes place at just about every day care center – big and small – in the United States.  This common activity, to the surprise of many people, is sleep time or nap time.  Infants lack the muscle strength and especially the neck strength during sleep time to lift themselves off of their stomachs.  As such, if an infant is placed on his or her stomach during nap time or simply rolls over on the stomach, this can lead to a very dangerous and even fatal situation.  This is especially problematic if the supervision is lacking, if the facility is understaffed, and / or the child care providers lack the education and training to recognize the risks or to act swiftly to protect the child.  Matters are further complicated when a child is placed in sleeping or napping environment filled with soft pillows, sheets, stuffed animals, a Bobby pillow, and / or a soft mattress.  Any of these items can contribute to a tragic situation in which a child suffers injuries or dies from suffocation, SIDS (Sudden Infant Death Syndrome), asphyxiation, or other similar complications.
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 By David Wolf, AttorneyPublished by Child Injury Lawyer Blog

Building Block - M - Day Care Center

In day care centers located in South Carolina and throughout the Nation, there is a common danger that many parents and day care center providers do not understand and even ignore.  The common danger to children is present during nap time or sleep time.  There is a risk of suffocation, asphyxiation, and SIDS related injuries and deaths during sleep time or nap time.   Many child care providers and day care center providers swaddle newborns and infants in day care centers. Swaddling is the practice of wrapping an infant in blankets snuggly so that movement is limited.
Pediatric experts have mixed opinions as to the safety of swaddling in the home and day care center.  Many experts warn against the use of swaddling that there is a potential increased risk of suffocation, asphyxiation, and SIDS related injuries that may be associated with swaddling according to some reports and studies.  Some pediatricians and child care providers are proponents of the practice because it tends to calm infants and allows them to sleep for longer periods of time.  Again, others are against the practice of swaddling due to potential health and safety risks. 
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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Building Block - M - Day Care CenterIn Connecticut and other States, day care centers, schools, and summer camps should be safe havens for children. Unfortunately, at these very locations, children are subject to abuse, neglect, and corporal punishment. Let’s face it. Children, at times, will misbehave and fail to follow instructions. However, this is no reason for hitting or striking a child in a day care, school, or summer camp setting. In fact, there are no good reasons to justify the abuse, neglect, corporal punishment, or exploitation of a child. When a child is abused or neglected in a child care setting, there may be one or more legal proceedings that result from the alleged bad conduct of the day care provider. There may be an arrest or criminal prosecution in the form a criminal case. There may be a fine levied against the day care center or a suspension of the license in the form of an administrative procedure. There may also be a civil case or claim against the individual day care center provider and / or business for the injuries / damages suffered by the child. It should be noted that the pursuit of any one of the three types of cases are not dependent on each other. For instance, a civil case or claim can be pursued even if there are no criminal charges filed.

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By David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Illustration of lady statue of libery facing front holding weighing scales of justice and sword set inside crest shield on isolated white background.

When a child is being cared for at a day care center, school, summer camp, or other person / entity, a parent should be able to rely on the good nature of people and organizations that the child will be cared for in a nurturing manner by adults who really promote the best interests of their child. Unfortunately, people in trust like child care providers, babysitters, and even family members use these unique opportunities to abuse, neglect, and molest the very children under their care.

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By David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

cal-icons2-201408-232In Tennessee and other States, children are at risk for serious injuries and even death anytime that they cross a street or are playing near a street.  Some children even get hit by a vehicle in a driveway or parking lot.

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By David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Building Blocks Glossy -R - Day Care CenterIn Michigan and other States, parents rely upon day care centers to provide for a safe educational environment. One basic responsibility of the day care center is to supervise the children in a manner so that the children do not wander away from the facility.

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By David Wolf, Attorney

book-abcChild care providers should provide each and every child with a safe environment.  There is a duty to provide reasonable and necessary supervision.  While a day care center owner is not liable for every injury that takes place, it can be held liable for those injuries that result from the negligence or carelessness of the day care center provider.  It is vital that a day care center provider not only provide reasonable and necessary supervision but it is also important to provide prompt care and follow up when an injury or condition is observed by the day care center.   Unfortunately, many day care center providers attempt to “sweep or hide an injury under the rug” and fail to inform the parents of the injury so that timely and necessary medical care can be provided to the injured child.
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By David Wolf, Attorney

School Bus CrashDuring the school year, millions of children are transported to and from school in yellow school buses and similar transportation.  Unfortunately for some of these children, a school bus accident results in serious personal injuries and even death.  Like other driving situations, a school bus driver has a duty of reasonable care while transporting children.  If a school bus driver is negligent, then a case or claim can be pursued against the school district, city, and / or county.   It should be noted that the notice requirements are different for public schools and there may be limitations or caps on the damages recoverable by a child when the child is injured due to the negligence of a public school bus driver.  Because of the complexity of these cases, it is important that a parent contact a Child Injury Lawyer for advice, counsel, and, when appropriate legal representation.