Posted On: February 29, 2012

Is a School, Day Care Center, City, County, Community Association, and / or Manufacturer Liable for Injuries Sustained on a Playground?

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Children are often times injured on playgrounds at schools, day care centers, community associations, counties, cities, and other locations. When a child suffers an injury at a playground, there may be a civil claim or case for the personal injuries suffered by the child. Some child personal injuries that take place on a playground center are actionable due to the negligence of the school, day care center, property owner, adult supervisors, and / or the manufacturer of the playground equipment. Of course, there are some risks with any playground center; however, if an injury resulted from a dangerous design or defect, improper maintenance, or improper supervision, then a civil action or claim may be warranted to pursue damages and compensation for the child's injuries.

When a child is injured in a playground as a result of negligence, a parent will typically have many questions and concerns including but not limited to the availability of medical coverage, liability insurance, medical treatment, medical bills, valuation of the claim or case, providing statements and information to insurance companies, and other topics. Due to the complexity of these cases, it is important for a parent to consult with a Child Injury Attorney for advice and legal representation. These cases are handled on a contingency basis (No Recovery - No Attorney Fees). The initial consultation on playground child injury cases are free. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Playground Injuries, School Injuries, Day Care Center Injuries, Medical Bills / Medical Treatment, Damages / Compensation, and other topics. Get his parent resource book for free at The ABCs of Child Injury.

When multiple injuries take place at a particular playground, further investigation and research is often completed to determine the cause and preventability of the injuries. In some instances, the owner of the property, day care center, or school will make modifications or changes to the playground in an attempt to make the playground safter for use and play by the children. In Inwood, New York, a slide was closed off and will be removed from the playground. There were reports of injuries involving this particular slide at other playgrounds. The U.S. Consumer Product Safety Commission even issued a warning as to this slide. See New York Playground Slide Removed Due to Safety Concerns.

Posted On: February 28, 2012

Dangers of Fights at or Near Schools - Safety and Liability for Personal Injuries - California Girl Dies Following Fight with Classmate

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In California and other States, school yard fights are still waged out there. The participants coul be from any grade and include boys and / or girls. It is interesting that some fights or brawls in o near schools are well known to many children during the day and prior to the fight. Unfortunately, in many instances, nobody steps forward to report the planned fight to school officials. Furtheremore, when the fight starts, many students prevent others from breaking up and / or ending the fight. A tragic death was recently reported in Long Beach, California. It was reported that a 10 year old girl - Joanna Ramos - died from a head injury that she sustained in a fight with a classmate who was 11 years old. Joanna suffered a blood clot as a result of the fight which in turn caused her death. It is most unfortunate that the death occured and that medical care was not provided in a timely manner. See Death of California Girl After Fight Ruled a Homicide.

When a child suffers a personal injury at a school or day care center, there are often many questions and concerns by the parent. Issues that arise in these situations include the following:

Where did the fight or incident take place?

Were there staff members in the area? Should there have been staff members in the area?

Is there a better way to supervise the children between the school and after school program?

Is there a way to encourage students to report that a fight is going to take place?

What protocols should be followed as to medical care or evaluation at the school following a fight?

Was there anything that could have been done to prevent the fight from taking place?

Unfortunately, fights happen at or near schools. Children do not realize that a simple school yard fight can lead to serious personal injuries and even the death of a classmate.

The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

Posted On: February 27, 2012

Should a Caretaker, Babysitter, Parent, or Child Care Provider Slide Down the Playground Slide With a Child?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Should a caretaker, babysitter, parent, or childcare provider slide down the playground slide with a child? And playgrounds in every community there're are typically slides many caregivers, babysitters daycare providers, and other adults believe that the safest thing to do is to put the child on one's lab and slide down with the child. There are some risk and dangers when an adult goes down a slide with a child on his or her lap. In particular, the rubber soul of the child's shoe gets caught or stuck on the way down the slide. As a result thereof, the child may suffer a leg injury and even a leg fracture.

Child safety advocates, pediatricians, and emergency room physicians recommend an adult stand beside the slide as the child goes down the slide to prevent these types of injuries from taking place. When a child is using a playground whether in a school, day care center, home or other location, it is important that there is consistent and timely adult supervision to watch over the child and to make sure the child is using using the playground in a safe manner. When a child is under the care of a day care center, school, after school program, or other business or government entity, as well as the supervision of a friend, neighbor, or family member, it is important that the child is provided with adequate and appropriate supervision. It is also important at the playground equipment is maintained in a safe manner and that hazards on or near the playground are removed.

When a child is injured as a result of the negligence of another person or a business or school, it is important for the parent to seek legal advice from a child injury lawyer. A parent can obtain a free consultation from a Child Injury Lawyer. The book titled is important to seek legal advice from a child injury lawyer. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Playground Injuries, Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

First Coast News - Jacksonville, Florida - did a story on Playground Safety. The video news story shows the dangers of playground slides and the types of injuries commonly sustained when a child rides on the lap of an adult down a playground slide. See Playground Risks and Dangers - Leg Injuries and Fractures.

Posted On: February 26, 2012

What are the Duties and Responsibilites of Religious Based Day Care Centers in Indiana?

By David Wolf, Attorney Published by Child Injury Lawyer Network

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In the State of Indiana, religious and church based day care centers are exempt from certain Indiana day care and child care rules and regulations. The day care regulations that apply to commercial and in-home daycare centers do not apply across the board to religious or church based day care centers. In the State of Indiana, there is a regulation call commonly referred to a sight and sound supervision. This regulation requires that a day care center have a staff member within the "sight and sound" of each child under the care and supervision of the day care center. See Was Indiana Church Day Care Center Death Preventable?

Whether a day care center is subject to particular rules or regulations or not, day care centers have a general duty to provide to provide for the supervision and safety of children under the care of the Indiana day care or child care center. Recently, a story was reported in which a child drowned in a baptismal church bass day care center. Even though the water was shallow, the child drowned in the baptismal pool. Any day care center including church or faith-based day care centers should put safety precautions in place anytime there is a pool, bathtub, or any collection of water in a day care center. It is well-known that children are curious and will playe or wonder into areas containing water.

It is also well-known that children lack good safety awareness. Any collection or area of water including a mop bucket can present a risk of serious personal injury or death to a child. If the child is injured as a result of negligence at an in home day care center, commercial location or church or religious institution, the parent and guardian should seek advice and legal representation from a Child Injury Lawyer. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

Posted On: February 25, 2012

Drowning Deaths and Injuries - What Are the Causes? What Are the Legal Rights of Injured Children?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Children are the unfortunate and tragic victims of drownings in swimming pools, bath tubs, ponds, lakes, rivers, water parks, oceans, and theme parks. Many such drownings are preventable with consistent, timely, and effective adult supervision. Children are at risk for drownings any place where water congregates. A shallow end, bath tub, and other areas are not safer than other locations. Even children who are strong swimmers and older children can drown without proper supervision. It is well known that children (from the young through teenagers) lack good safety judgment and often go near or in body of water without well reasoned thought or safety precautions.

What are the causes of drowning? There may be many causes of the drowning including inability to swim, improper to non-existent adult supervision, exhaustion, other injuries preventing or hindering swimming, other medical complications, lack of fences or poor barriers, suction from drains, and other factors.

What are the legal rights of the injured child and / or family of the injured child? If a drowning resulted from the negligence of a day care center, school, summer camp, hotel, neighbor, relative, family friend, or other person / entity, then a case may be pursued for the damages caused by the drowning incident. Laws vary from State to State and even county to county as to the requirements for pool barriers, life guards, adult supervision, liability - commercial - homeowner's insurance, and other factors that are considered when evaluating a drowning case. Since a drowning case can involve complex legal and insurance issues, it is often times helpful to retain the services of a Child Injury Lawyer for advice and legal representation.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Swimming Pool and Water Park Injuries, Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

Drowning statistics for children in the United States have been on the decline since the 1990s; however, the numbers are still troubling in light of the fact that many such incidents can be avoided with better safety precautions and timely / consistent adult supervision. Over 1000 children die from drownings with additional 5000 children suffering personal injuries from drowning incidents. Pediatricians and Emergency Room physicians report that younger children are at risk in bathtubs with older children being at risk while swimming. A study of such statistics was reported in the February 2012 Issue of Pediatrics. The statistics were gathered through reports and information from approximately 1000 hospitals. See Drowning Statistics on the Decline But Children Still At Risk for Drownings.

Posted On: February 24, 2012

Third Grade Student Shot at Armin Jahr Elementary School in Bremerton Washington

By David Wolf, Attorney

Published by Child Injury Lawyer Network

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In the State of Washington, children should be provided a safe educational environment. Unfortuantely, children are injured at schools, day care centers, and playgrounds. Some injuries and incidents are preventable with more timely care and supervision. Other incidents are tragic and there is no blame to lay on the person, school, or day care center. A recent shooting was reported at Armin Jahr Elementary School in Bremerton Washington. It was reported that a third grader was accidentally shot by another student at the school. It is believed that another third grader had brought the gun to the school. In cases of this nature, there are several issues that will be part of the investigation including but not limited to the following:

Who was the owner of the gun?

How did the child get possession of the gun?

What supervision was provided to the child at home?

Had weapons been brought into the school before?

How did the gun discharge at the school?

Could any actions by the school staff have prevented the incident?

You can read more about this incident at 3rd Grader Shot at Elementary School in Bremerton Washington.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Day Care Center Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

Posted On: February 23, 2012

When the Department of Family and Children Services Drops the Ball in Georgia - What Are the Legal Rights Resulting from a Child's Wrongful Death?

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The Georgia Department of Family and Children Services is the State of Georgia agency responsible for the supervision and monitoring of foster care child placement in Georgia. It is the responsibility of the Department of Family and Children Services and the staff members to properly monitor and document foster care that is provided for children under the authority and supervision of the State of Georgia. Unfortunately, at times, the system and staff members of the Department of Family and Children Services fail a child or "drop the ball" which, in turn, can cause serious personal injuries and the deaths of innocent children.

The Georgia Department of Family and Children Services should conduct frequent in-house inspections and interviews with foster parents to make sure that the child is being cared for in a clean and safe living environment. If there are warnings or signs that a child is at risk or danger, then the Department of Family and Children Services should take immediate action to remove the child from the dangerous location and make sure that the child is provided adequate and appropriate housing and supervision in a safer location. When the Georgia Department of Family and Children Services fails to actor sales director felt directed at Pinewood Manor a child can be an unfortunate wrongful death victim in the system. Under these facts and circumstances, isoglosses maybe brought for the wrongful death of the child against the State of Georgia Department of Family and Children Services. These cases can be quite confusing and complicated. Because of this, it is important to retain the services of a Georgia Child Injury Lawyer for consultation, advice, and legal representation. A Georgia Child Injury Lawyer can advise a parent as to the rights to compensation and damages for the injuries and / or wrongful death to the child.

A recent story posted in the Atlanta Journal Constitution reported on the death of Nasir Patrick who died as a result of traumatic head injuries. Law enforcement and government officials have ruled that the death was caused by homicide. Nasir was only 4 years old at the time of his unfortunate and tragic death. Due to bureaucracy and confusion, there were no visits to the home where the child resided for approximately 2 months. Apparently, the child died as a result of the delayed medical complications due to blunt force head trauma. Following the death of the child, three DFCS employees were fired. Read more about this story at Georgia DFCS - Death of Nasir Patrick.

Posted On: February 22, 2012

Can a Case Be Pursued Against a Church Based Day Care Center When a Chilld Is Injured or Dies ?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Day care centers in Indiana are operated in homes, businesses, and churches. When a child is under the care and supervision of an Indiana day care center, it is vital that the staff members provide appropriate and timely supervision of the children under the care of the child care center. It is especially important to monitor the children and keep them away from risks and hazards in or near the facility. This is especially true when there are pools, bath tubs, ponds, lakes, and other bodies of water on or near the property of the Indiana day care center. Pools, tubs, and other areas should have enclosures, tarps, covers, gates, and other safety precautions when practical to have these items in place. A small child can drown in even a small amount of water. Because of this, all day care center employees should be well trained regarding safety precautions including those that should be put in place around water areas. It is well known that children lack safety awareness. Many small children see an area of water as a play area full of adventure. These children do not realize the true risk and danger of being in or near the water.

The ABCs of Child Injury is a book written by David Wolf, a child injury attorney with over 20 years of legal experience representing children. During his entire legal career, Mr. Wolf has dedicated his time and efforts to the representation of children and the promotion of their health, safety, and welfare. The ABCs of Child Injury has chapters on Swimming Pool and Water Park Injuries, Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

When a day care center undertakes to care for a child in a home, commerical, or church setting, a case can be pursued against the day care center if negligence or inattention lead to personal injuries or the death of the child. A tragic death was recently reported in Indianapolis, Indiana. It was reported that a 2 year old child drowned in a baptismal pool at the Praise and Worship Assembly of God Church. While the water was only 2 feet in depth, the pool depth was enough to lead to this most unfortunate drowning of the child. See 2 Year Old Drowns in Church Batsimal Pool.

When a child is injured at a day care center, an Indiana Child Injury Lawyer should be consulted for advice, consultation, and legal representation.

Posted On: February 22, 2012

What Should a Parent Do If a Child Is Subjected to Corporal Punishment in a South Carolina Day Care Center?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In South Carolina and other States, corporal punishment is permitted in schools and day care centers. Some States prohibit the use of corporal punishment in day care centers. Some States allow each county to decide whether corporal punishment is permitted in county schools. Since the laws and regulations can vary from State to State and County to County, it is important to review the laws and regulations and / or contact a Child Injury Attorney to determine the laws and regulations on point. If corporal punishment is implemented, rules and regulations must be followed. In particular, the corporal punishment should not be implemented in a manner that causes personal injuries requiring medical care and attention. Corporal punishment, whether permitted or not under a particular law or regulations, will be excessive if it amounts to abuse and neglect.

Corporal punishment implemented in day care center is especially troubling considering the age of the children and susceptibility of these children to injuries from corporal punishment. If a child suffers injuries as a result of corporal punishment in a day care center, there may be a civil case or claim against the day care center. A Child Injury Lawyer will evaluate the case and consider factors including: the type of corporal punisment implemented, the incident report, the injuries sustained, the number of times implemented, applicable laws and regulatiuons, and other factors.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Child Abuse and Neglect, Damages / Compensation, Medical Treatment / Medical Bills, Day Care Center Injuries, School Injuries, and other topics. A parent or concerned person can get this book for free at The ABCs of Child Injury.

A recent incident of corporal punishment was reported in South Carolina. It was reported in Seneca, South Carolina that a day care owner allegedly beat a 4 year old child enrolled in a day care center with a belt. The incident was reported and investigated by the Seneca Police Department. See Police - Day Care Owner Left Bruises on 4 Year Old Boy.

Posted On: February 21, 2012

What If a Child Consumes Poison, Bleach, or Other Harmful Substances at a Day Care Center?

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Day care centers and child care centers have a duty to provide a safe and clean educational environment to the children. It is important that day care centers and their staff members keep poisons and toxins away from the reach of children. It is well know that children are curious and do not always recognize a food item / drink from a poison or toxin. At times, day care providers mistakenly serve poisons or toxins to children under the care of the day care center or child care center.

It is important for a day care center to take precautions to either remove poisons or toxins from the day care center or in the alternative keep toxins or poisons in a safe and secure location. This goes the same for medications and foods that may cause a small child to choke.

In addition to the above, it is important for a day care center to have policies and procedures in place when a child consumes or comes in contact with a poison or toxin. The policies and procedures should be in writing and each and every staff member should be trained in poison and toxin control as well as emergency procedures. The applicable State and local rules and regulations should also be studies and followed as well.

When a child suffers an illness, poisoning, or choking episode due to the negligence of a day care enter, a parent is often times faced with many challenges and concerns. At these times, it is often helpful to consult with a Child Injury Attorney for advice and legal representation. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Medical Treatment / Medical Bills, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

A news story was recently reported involving a Gonzles, Texas day care center. The State of Texas Department of Family and Protective Services was reported that a Gonzales may have served the children water stores in milk jugs. There may have been diluted bleach contained in the jugs. Children may have consumed the diluted bleach. See Day Care Center May Have Served Children Diluted Bleach in Milk Jugs.

Posted On: February 20, 2012

What Should a Parent Do When the Day Care Center Fails to Follow Regulation, Policies and Procedures?

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Day Care Centers are subject to State rules and regulations as well as internal and company wide policies and procedures. When these regulations, policies, and procedures are followed by day care centers, there is a strong likelihood that the day care center is clean, safe, and well staffed. Most policies are in place for the protection and well being of the children under the care of the day care center. It is important that the day care center have proper staff to child ratios, well maintained indoor and outdoor facilities, emergency procedures, record keeping standards, and other practices in place. When a day care center cuts corners and / or ignores policies, procedures, or regulations, children are put at risk and danger for personal injuries.

Many of these personal injuries suffered in a day care center would have been prevented with better supervision and timely maintenance of the day care center facility. If a child is injured at a day care center, it is important for a parent to have the injuries evaluated and treated by medical professionals. Whether the injuries are minor or permanent in nature, a parent should get the advice of a Child Injury Lawyer to determine the viability of a claim or case and the child's right to compensation and damages for the personal injuries. A Child Injury Lawyer will evaluate the particular facts and circumstances of the case including the where the incident took place, time of day, the employees in or near the area, the preventability of the injuries, the applicability of State day care center rules and regulations, the severity of the injuries, and other factors.

Many States including the State of Georgia have been closely monitoring and keeping statistics as to compliance with day care rules and regulations. See Regulation and Supervision of Georgia Day Care Centers. While State oversight and inspection are important, local and State agencies cannot prevent all injuries from taking place a day care center. Just because a facility passes a State inspection does not mean that the day care center is not responsible for injuries that take place at a day care center. In each potential day care center case, the Child Injury Attorney will evaluate the facts and circumstances to determine if the four elements of a case have been met. The four elements of a case are as follows: 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages. Because a day care center case can be quite complex, it is important to consult with a Day Care Center Injury Attorney to determine if the elements can be proven.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. Get this book for free at The ABCs of Child Injury.

Posted On: February 19, 2012

What are the Legal Rights and Liabilities When a Baby is Scalded as Punishment?

By Thomas Hastings, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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While a child is under the care of a babysitter, parent, grandparent, day care center, school, or other person or entity, the child should be provided with a safe and clean living environment. Unfortunately, there are many inexperienced or inpatient child care providers out there who use means to punish or discipline a child that can cause serious personal injuries to the child. The fact that certain disciplinary acts have a long history do not make them safe, legal, or morally right. Using scalding water as a form of discipline can lead to serious personal injuries. In addition, the person, who uses this technique of discipline, may face criminal charges especially in situations in which the abused child is hospitalized or otherwise needs medical care and treatment.

Scalding a child with hot bath or faucet water is abuse and neglect. Furthermore, it is not an effective way to discipline or teach a child good behavior from unacceptable behavior. The burns and scars that often times result from such discipline can cause a life time of physical and / or emotional injuries.

If a child is scalded by accident or on purpose by a day care center, school, neighbor, babysitter, or relative, there may be a civil case to pursue on behalf of the injured child. These cases can be quite complex and a Child Injury Lawyer should be consulted for advice and legal representation. Factors considered by the Child Injury Lawyer will include: the property where the injury took place, the availability of liability or homeowner's insurance, the extent of the injuries, the amount of the medical bills, the permanency of the injuries, the filing of criminal charges, and other factors.

If you know of a child who has been burned or scalded by this disciplinary technique, a call to the local police and / or State child welfare agency may be in order. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Child Abuse and Neglect, Damages / Compensation, Day Care Center Injuries, School Injuries, Homeowner's Insurance, and other topics. Get this book for free at The ABCs of Child Injury.

In Indianapolis, Indiana, a scalding incident was recently reported. A 2 year boy was admitted into Riley Hospital for Children with burn injuries that were allegedly caused by a scalding incident involving a babysitter. The child head was kept under scalding water for 2 minutes or so. This resulted in burn injuries to the face / head. The Indiana babysitter was charged with neglect of a dependent and aggravated assault. These crimes are both classified as felonies in the State of Indiana. See 2 Year Old Boy Suffers Injuries From Scalding Type of Discipline in Indianapolis, Indiana.

Posted On: February 18, 2012

Is a Day Care Center Legally Liable for the Personal Injuries Suffered Due to a Choking Incident at the Facility?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In day care centers and child care centers, children are the unfortunate victims of injuries and deaths due to negligence and improper supervisions. Many such child personal injuries and wrongful deaths are preventable with better more consistent and timely care provided by the day care staff. One danger or risk that can present itself in every day care center is that of choking. Is a day care center liable for the injuries caused by a choking incident in the day care center? The answer to this question depends on the facts and circumstances of the choking incident. Factors that may be considered in evaluating a potential legal case or claim include:

the age of the child;

supervision in place at the time of the incident;

object swallowed by the child (i.e. food, coin, toy, etc. . .)

First Aid and CPR response to the choking incident;

maintenance of the facility; and

other factors.

Every facility would be well served by having a choking preventation policy and procedure in place for the facility. Since the risk of choking is a well known risk for every child in the day care center. precautions and due diligence should be exercised to provide the children a safe and clean educational environment on a daily basis. It has been reported that the choking rates are the highest for babies under the age of 1 year old. There are certain foods that are especially dangerous to young children as to choking risks. These includ certain candy, nuts, grapes, and hot dogs. Tragically, children die during a simple snack or lunch periods at lunch and snack periods at schools and day care centers. See Choking Risks and Basic Information.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injures, School Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

Posted On: February 17, 2012

What Are the Rights of Children Injured in a School Bus Accident?

By Robert Fernicola and David Wolf, Attorney
Published by Child Injury Lawyer Network

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What are the rights of children injured during transportation on a school bus? Millions of children are transported every year on public and private school buses. Yellow school buses are common fixtures in every community. Because of their size and color, school buses are easily seen. Unfortunately, there are many accidents every year involving school buses despite their size and obvious color. What are the legal rights of an injured child during transport on the school bus? The answer to this question depends on the facts and circumstances of the accident. Some school bus accidents are caused by the fault of the driver of the school bus. Some school bus accidents are caused by the fault of another driver. In some school bus accidents, the blame or fault can be placed on the school bus driver and other drivers under the theory of comparative negligence or comparative fault.

As a passenger on a school bus, there is no fault or liability on the part of the child for the personal injuries caused by the school bus accident. If the accident is the fault of a school bus driven by an employee or agent of a public school, there may be restrictions and procedures to the pursuit of a legal claim or case for damages against the school district. When a child is injured as a result of the school bus accident, there are many concerns and issues faced by parents. It can be quite stressful and overwhelming for parent dealing with the serious injuries of a child and tragically in some cases the death of a child. There are certainly no easy answers or magic words to provide to an injured child or the parent dealing with the aftermath of the injuries. However, there are resources and information available to a parent who has questions about a child injury matter. The parent of an injured child should also avail himself or herself of the services of a Personal Injury Lawyer to enforce the child's rights to compensation and damages.

When a child is injured as a result of a school bus accident, the parent or guardian should seek legal advice and consultation regarding the rights of the child. A parent can obtain a free consultation with a Child Injury Lawyer. A free consultation will not commit the parents to retain the services of the of the attorney. It is important for a parent to become educated and familiar with the various rules procedures and rights to compensation when there is a school bus accident. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

A tragic School Bus Accident was recently reported near Trenton, New Jersey. It was reported that the school bus and a dump truck were involved in a collision. Tragically, a child died as a result of this accident and several others were injured. This death of this child was certainly a great loss for the family, neighborhood, school, and the community. What started off as a typical day typical day in the community ended in tragedy and loss. Due to the fact that a death and serious injuries resulted from this school bus accident, local and / or state law-enforcement will conduct a thorough investigation to to determine the cause and preventability of this school bus accident. See School Bus Crash in New Jersey Causes Death of Girl and Personal Injuries to Others.

Posted On: February 16, 2012

Should a Parent Pursue a Case or Claim for the Injured Child Pedestrian?

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In California and other states, children are at risk for personal injuries when walking, riding a bicycle, or travelling as a passenger in a vehicle or school bus to and from school. During the school year, the early morning hours and mid afternoon hours are busy times for pedestrian, bicycle, school bus, and other traffic involving school children. It is during these hours that all drivers and all communities should exercise due caution when travelling near schools, neighborhoods, and any other areas where children may be located. Drivers should obey speed limit signs, school zones, traffic conditions, and the presence of children. It is well known that many children have poor safety awareness. Because of this, the simple act of a driver of slowing down can and will save lives and also avoid serious personal injuries to school children.

When a child is injured in an automobile accident, bicycle accident, or pedestrian accident, a parent is often times faced with many challenges and concerns. Because of the complexities of laws and insurance documents, it is helpful to retain the services of a Child Injury Lawyer to get advice, consultation, and legal representation for a child injury matter.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment / Medical Bills, Damages, Compensation, School Injuries, Day Care Center Injuries, and other topics. Get this book for free at The ABCs of Child Injury.

In making a decision whether to pursue a case or claim for personal injuries when a child is injured as a pedestrian. There are many factors to consider including the police report, whether a citation was issued, the availability of witnesses, age of the child, location of the incident, speed limit in the area, and many other factors. Due to the complexities of the liability alone, a Child Injury Lawyer should be contacted for advice and guidance. The decision whether or not to pursue a case may also depend on the injuries. If the injuries only involved one or two visits to the doctor, then a parent may decide not to pursue the matter and be thankful that the injuries are not more serious. Any time that there is a question with a minor injury or serious injury, it makes sense to get some legal advice. Contacting an attorney does not commit a parent to legal representation or action. Most child injury cases are handled on a contingency basis (No Recovery - No Fees). Furthermore, the initial consultations are free with a Child Injury Lawyer.

Posted On: February 15, 2012

What Are the Rights of an Injured Child Following a School Bus or Day Care Center Van Accident?

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Atlanta and other States, children are transporting to and from day care centers and schools. Some children are transported by school bus while other children are transported by a school or day care center van. The driver of a school or day care center motor vehicle should obey speed limits and traffic control devices. Furthermore, the driver should pay close attention to traffic and road conditions. It is vital that distractions are kept to a minimum and that the driver focus his or her attention on the job of driving and keep the children safe. Unfortunately, children are injured while being transported due to the negligence of the school bus or day care center driver OR the negligent driving of other motor vehicles. Either way, children are put in harm's way and suffer personal injuries. Some injuries can be addressed by a kind word and a first aid kit. Other personal inuries from a school bus or day care center accident are more severe and require the treatment and evaluation by a local emergency room and follow up by medical specialists.

An accident was recently reported in Fayette County Georgia. This accident happened to involve a Fayette County school bus and a local day care center bus or van. Two of the 26 students suffered injuried as a result of the school bus / day care center van accident. There may have been driver distraction on the part of the school bus driver that caused or contributed to this Georgia motor vehicle accident. As the bus driver was dealing with an issue on the bus, it appears that the school bus driver ran a red light. See Fayette County School Bus Accident Leads to Child Injuries.

When a child is injured due to the negligence of one or more drivers, the child can through the parent and a Child Injury Attorney pursue a claim for personal injuries. Damages related to a personal injury claim can include pain, suffering, loss of enjoyment of life, past medical bills, and future medical bills. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

Posted On: February 14, 2012

Should Day Care Centers Use GPS, Mobile Phone, and Video Technology to Communicate with Parents?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Should day care centers use GPS and video technology to communicate with parents? While there are some who would argue that we are overly tethered to our technology, most parents and the general public would probably favor technology in day care centers that help promote safety, oversight, and communication with parents. We live in a world filled with single moms, single dads, two income families, and other circumstances that require the use of a day care center. While most parents would rather spend the day with their children rather than at work, economic necessity and practicality come into play when selecting a day care center. The burden and stress relating to the use of day care centers can be lessened to some extent through technology, oversight, and accountability. Some day care centers are embracing and using new technology with great enthusiasm. Furthermore, these day care centers can use the availability and use of technology as a "sales pitch" of sorts to parents considering a day care center. For instance, a parent can get text alerts and photo alerts from some day care centers providing a status of the child's condition and activity during the day. Some may believe that getting a text every time a diaper is changed is micro managing but it is better to micro manage than to have a child forgotten and in a wet or soiled diaper during the day. Most day care centers do a fine job with the children and supervise the children in a safe and clean environment. For these day care facilities, the use and employment of cameras, mobile phones, and GPS technology merely help broadcast the quality care and attention that is being provided. For other day care centers, however, the use of this technology may bring to light problems and issues that can be resolved so that the child is provided the appropriate and timely care and attention that the child deserves. See Child Care Technology and Apps in Day Care Centers in Minnesota.

If a child is injured in a day care center, it would be extremely helpful to have a video of the incident. A video may provide the necessary information to determine if the injuries were preventable with better care and supervision OR just part of the risks of being in a day care center. In many instances in which a child is injured in a Minnesota day care center, there are videos. Because of this, the facts, circumstances, and preventability of the incident must be determined from eyewitnesses, teacher, students, incident reports, type and severity of injuries, and other factors and information.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Theme Park Injuries, Automobile Accident, Damages / Compensation, and other topics. You can get this book for free at The ABCs of Child Injury. While the book contains some helpful information and tips for parents, this book is not a substitute for legal advice, consultation, or representation. Contact a Child Injury Lawyer now for a free consultation.

Posted On: February 13, 2012

Are Emergency Policies and Procedures Important for School Bus Drives in North Carolina?

By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In North Carolina and other states, school boards of policies and procedures are often times available on the school Board's website. Is it important to have these procedures in place? The answer is "Yes". Is it important to follow these policies and procedures? The answer to this question is a resounding "Yes". Emergency policies and procedures are an important part of every school Board's procedure manual. For each and every school district, bus drivers and assistants should be aware of these policies and procedures. Training is vital for those who driver and / or supervise children being transported to and from school and / or field trip activities. At times, a school employee fails to follow a procedure or policy regarding transportation and supervision. In these instances, injuries can take place.

In North Carolina, a fire was recently reported on the school bus. Fortunately, the school bus driver acted quickly and removed the children from the bus in a calm and organized manner. This school bus driver should be commended for acts of heroism. The photograph and video of the bus in flames would cause concern to any parent. There were no injuries reported from this incident but if the policies and procedures were not followed or if the school bus driver was not paying close attention then certain tragedy would have happened in the form of personal injuries and wrongful death. It is as important to report the stories in which the children are injured as the stories in which the children are are saved. We can all learn from from our successes as well as our failures. The focus should always be the safety of the children. The book titled The ABCs of Child Injury - Legal Rights of the Injured Child What Every Parent Should Know has chapters on school injuries, day care center injuries, damages and compensation, medical treatment, and other topics. Get this book for free at The ABCs of Child Injury. If you have a concern about a child injury while being transported by a school or day care center, contact a Child Injury Lawyer for consultation and legal representation. Child injury cases for the most part are handled on a contingency basis meaning No Recovery and No Fees.

Posted On: February 9, 2012

Dangers of Falling Televisions - Risks of Injury and Death to Children

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Illinois and other States, children are at risks for serious personal injuries and, in some cases, even deaths from a common household object. Televisions, especially older and heavier models, are placed on dressers or other furniture but not adequately secured or anchored. A curious child can pull on a television set. Alternatively, a child or another person may bump into a television set and cause the set to fall from the dresser or furniture. As a result thereof, a child may end up sustaining serious personal injuries and even death from the weight and force of the television set. Head injuries often result. A traumatic brain injury requires immediate medical attention and care.

It was recently reported that a 1 year old child died as a result of a television that was placed on an aquarium stand. It appears that the television was not anchored or otherwise secured prior to the incident. The child (Shaun Brown) was one of many victims from a falling television. The Consumer Product Safety Commission reports that there were 169 deaths from falling televisions during the 10 year period between 2000 and 2010. The children in this statistic were 8 and younger.

While automobile accidents and other forms of trauma cause more deaths, this should not detract or take away from the importance of taking precautions to secure television sets - older models and newer ones. The homeowner or business owner should properly secure or anchor the televisions. Alternatively, a handy man or contractor should be hired to anchor the televisions.

See Falling Televisions Killed 4 Chicago, Illinois Area Children.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parents Should Know - has chapters on Homeowner's Insurance, Day Care Center Injuries, School Injuries, and other topics. See The ABCs of Child Injury.

Posted On: February 6, 2012

Dangers of Scalding Water to Children - Risk of Serious Personal Injuries to Children

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In most houses, apartments, mobile homes, and other residences of children, there is an area of the home that is often times the location of serious injuries and in some cases - the death of the child. This location is the bathroom. There are a number of dangers that can be present in the bathroom including the following:

*the bathtub (risks of drowning);

*the medicine cabinet (risks of poisoning); and

*the faucet - bathtub or sink (risks of scalding injuries).

The mechanism of injury may be intentional or unintentional. With respect to intentional injuries, the child is the victim of child abuse, child neglect, or excessive and inappropriate corporal punishment. Parents should never use excessive hot water to scald the child as a form of punishment. Furthermore, parents should not dunk or hold a child's head under water to teach the child a lesson. These acts put the child at risk for serious personal injury and, in some instances, even the wrongful death of a child.

In some instances, the injuries are caused by the unintentional acts of a parent, teacher, day care provider, or other child care provider. A moment of inattention can lead to serious personal injuries or wrongful death. It is important that children are properly supervised so that injuries are preventable and avoidable. As noted above, there are many areas right there in a bathroom that can lead to serious personal injuries to a child.

In Lubbock, Texas, it was reported that a man was arrested for scalding a 3 year old in a bathtub. It was reported that the man was accused of intentionally placing the 3 year old in the scalding water. The burns covered 35 % of the boy's body. The child required extensive medical care and treatment for these serious personal injuries. See Lubbock Texas Man Arrested for Scalding Water Incident and Related Injuries.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Homeowner's Insurance, Child Abuse / Neglect, and other topics. You can get this book for free at The ABCs of Child Injury.

Posted On: February 4, 2012

What Should Parents Consider in Selecting a Georgia Day Care Center?

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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When selecting a Georgia day care center, it is important for parents to obtain and review information regarding the day care center. While prior records and surveys do not insure that a child will be kept safe, it is helpful to review these documents and information to make an informed decision as to the selection of a day care center. Once a child is enrolled in a day care center, parents should continue their due diligence of evaluation, review, and inspection of the day care center. Parents should visit frequently and at different times of the day. Parents should take the time to get to know the administrators and staff members at the day care center. When possible, it is also helpful to befriend other parents to share information and observations of the day care center.

When a child is injured at a day care center, there are often many challenges for the concerned parent. A child injury lawyer can assist a parent with these issues that may include medical bills, medical treatment, damages, compensation, legal rights, and other matters. Contact a Child Injury Lawyer for the advice and representation that your injured child deserves.

Here are some things parents can do regarding the selection and continued use of a Georgia day care center for the care and supervision of the child:

1. Day Care Center License. Ask to see the day care center license and continue to do every quarter or semi-annually to make sure that the day care center license is current and in good standing.

2. Day Care Center Policies and Procedures. Most reputable day care centers will have written policies and procedures for the facility. Ask the director or administrator of the facility for these written policies and procedures.

3. Staffing Records and Background Checks. While these records may not be made available to you, it makes sense to ask the facility what background checks are completed on staff members at the facility.

4. Survey and Inspection Records. If the day care center is one that is periodically inspected by the State of Georgia then there will be records on such inspections and surveys. While it is not necessarily a problem if the facility gets random citations, it is good to know what problems or deficiencies have been cited by the State of Georgia.

5. Parent Visits and Volunteers. To get an up close view of the day care center and find out more about its inner workings, it makes sense for a parent to spend some time at the day care center. If possible, volunteer periodically at the day care center. This will give you time to get the know the teachers and staff a little better.

In addition to the above, there is an online resource that is available for parents with children in or about the enroll in a Georgia day care center. The Department of Early Care and Learning has maintained data and scoring records for day care centers under their authority and supervision. See Georgia Day Care Center Scores.

Another resource available for parents is the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. This book has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. Get this book for free at The ABCs of Child Injury.

Posted On: February 3, 2012

What Are the Legal Rights to Compensation of Children Abused or Neglected by a Teacher?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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When a child is supervised or otherwise under the care of a school or day care center, parents hope and expect that the teachers, aides, and other child education or child care providers provide a safe learning environment free from abuse and neglect. While most educators and child care providers are good people, some use this position of trust and authority to prey on children and use the very position of trust to abuse, neglect, and otherwise harm children under their care. It is most unfortunate and tragic that incidents of abuse and neglect continue to take place today by teachers and child care providers. When a child is harmed, neglected, battered, and / or assaulted by a teacher, aide, or other child care provider, there are two types of case that can be pursued: 1. Criminal Case and 2. Civil Case.

1. Criminal Case. The police / sheriff's office along with the State Attorney / Prosecutor work together to bring and prosecute criminal charges against those who abuse and neglect children. Through a criminal case, a criminal sentence can be imposed along with restitution which can provide some compensation to the injury victim for medical bills - past and future. Typically, the restitution order is not sufficient to truly compensate the victim. Furthermore, those who commit these crimes are typically sent to prison and do not have sufficient assets to pay the restitution or otherwise compensate the child injury victim.

2. Civil Case. A civil case may be pursued against the school or day care center for the acts of the teacher, aide or other staff member. Cases of this nature can be very complicated when the school is operated and controlled by a public entity. Many states have sovereign immunity laws in place that restrict the type of case that can be pursued against a government entity. Furthermore, there are restrictions or limitations of the amount of damages that can be recovered from a public school or entity. In pursuing a case against the school or day care center, there are typically issues involving negligent hiring, negligent supervision, and negligent retention. If the rogue teacher or staff member has no criminal record and otherwise was apparently a model employee, the school or day care center may argue that there was no knowledge that the bad acts would be committed. In essence, the bad acts were unforeseeable. There are laws and cases in place that call for the vicarious liability of the employee. In other words, the employee or staff member acts on behalf of the school or day care center and therefore the school or day care center is liable for the bad acts and damages caused by the same.

When a child is the victim of abuse or neglect, the laws can be quite complicated and challenging. The case or claim goes well beyond the question as to whether a bad act was committed or whether the child was injured or harmed by the bad act of the teacher or staff member. Because of the complexities of these cases, it is important for the family of the injured child to seek legal advice, consultation, and representation from a child injury lawyer.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Child Abuse and Neglect, Damages / Compensation, and other topics. You can get this book for free at The ABCs of Child Injury.

Posted On: February 2, 2012

What Are the Dangers to Children Be Transported in a Car Pool?

By David Wolf, Attorney Published by Child Injury Lawyer Network

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Parents typically use their best efforts to have a child placed in a booster seat or child seat that fits the child size and age. Safety precautions that are followed can make a big difference when there is an automobile accident. Unfortunately, many children are transported in vehicles without proper safety precautions or seats. Whether the seats are forgotten or just not utilized, there are a great many children travelling on roads throughout the United States without proper child seats or child safety restraints. While it may be inconvenient or time consuming to transfer seats, all reasonable efforts should be taken by parents and those transporting children to make sure that the child is placed in appropriate child safety seats.

When a child is injured as a result of an automobile accident, it is often times helpful for a parent to consult with a child injury lawyer about the respective rights of the injured child. While car seats can help reduce the seriousness of an injury, the failure to utilize a car safety seat or booster seat does not by itself prevent a parent from seeking damages against the at fault driver for the injuries sustained by a child in an automobile accident.

Researchers at the University of Michigan reported a study involving issues related to carpooling and the use of booster seats for children ages 4 to 8. The study indicated that many drivers including parents of their own children failed to use available booster seats when carpooling or transporting multiple children. See Children in Carpools Often Go Without Booster Seats.

A Child Injury Lawyer can assist the parents of a injured child with the various issues that are involved in a claim or case for a child injury victim when there is an automobile accident, trucking accident, pedestrian accident, bicycle accident, or other injury caused by the negligence or fault of another person or business.

Posted On: February 1, 2012

What Are the Risks to Children in the House, School, and Day Care Center? . . . Unsecured Televisions and Furniture. . .

By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

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In homes, day care centers, schools, and other locations, there are common every day items that can pose a great risk of injury to a child. These items are in just about every house and most day care centers and schools. Believe it or not, the common every day items include televisions and furniture. Children are curious and often times do not recognize the danger of climbing on furniture or moving a television set. When these items are not properly positioned, safeguarded, and / or anchored, serious personal injuries can result. Because there have been a number of incidents across the nation that involve serious personal injuries from a television or furniture item that has tipped over and fallen on a child, it is vital that the home, day care center, school, and other location frequented by a child be safeguarded to the best of the ability of the property owner and / or child care provider.

While there may be some expense in anchoring these items through the services of a contractor or handyman, the expenses associated with the safeguards would pale in comparison to the injuries and lives that are changed when the safeguards are not put in place.

When a child is injured by a television or falling furniture, it is often times helpful to contact a Child Injury Lawyer for advice, consultation, and legal representation. There are many factors to consider in these claims and cases that can be reviewed by the child injury lawyer with the parents. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowners Insurance, Day Care Center Injuries, School Injuries, and other topics. You can receive this book for free at The ABCs of Child Injury.

In Oaklawn, Kansas, an unfortunate incident was reported at a home. It was reported by the Witchita Eagle that a 4 year old girl suffered serious personal injuries in the form of a head injury when a television fell on her. The incident took place in a bedroom. Sedgwick County Sheriff's Office responded to the scene. The girl was transported to Wesley Medial Center for care, treatment, and evaluation. See Television Falls on Kansas Girl in Bedroom.

Many parents quite frankly are not aware of the dangers of televisions and falling furniture. While these incidents are not as common as automobile accident related injuries, unsecured / unanchored furniture and televisions in the home, day care center, school, and other locations still pose a danger to children.

 
 
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