Articles Posted in Texas

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By David A. Wolf, Attorney – Child Injury Lawyer Blog

4_ToysWhile enrolled in a day care center, a child should be supervised in an environment that is safe and free from hazards.  The day care center should follow its own policies and procedures as well as the policies and procedures set forth by state and local licensing agencies and laws.  It is difficult to legislate or regulate every since situation or care provisions that take place in a day care center.  Furthermore, it should be noted that common sense can be used in the day care center. If something seems dangerous or risky to a child, then the hazard should be removed.  It is well known that children are curious and lack safety awareness.  As such, anything within reach of a child that can cause harm should be kept away from a child.  This includes but it not limited to hot water, liquids, food, ovens, burners, and other items that can and will cause burn type of injuries to a child.  When a child is burned, first aid should be provided and the parents and when necessary fire rescue / emergency services should be called in.

A civil case on behalf of child involves four essential elements:

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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Truck Accident.001In Texas and other states, commercial trucks and semi-tractor trailers are common on the streets, roads, and expressways.  Due to the size of these trucks, it is important that the truck driver take all proper and necessary safety precautions for the safety of other drivers and passengers who will travel on and through the same streets, roads, and expressways. One measure that should be taken is to inspect the vehicle before departure to make sure that the height and width of the truck can safety travel under and through all bridges and overpasses.  For instance, if the truck is equipped with a boom or crane, it is vital that the boom or crane is lowered and otherwise secured that the truck is safe for travel through all roadways on the intended itinerary.  If there are any objects that are too tall or wide for safe travel, there can be disastrous consequences, accidents, crashes, personal injuries, and wrongful deaths.

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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 Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20toy%20antique%20side%20view.jpgIn Texas and other States, children are enrolled in schools, day care centers, after school supervision, sports leagues, and other programs. While enrolled in these programs, children should be supervised in an environment that promotes their education, safety, and well being. The teachers, aides, coaches, and others should be subjected to background checks. Furthermore, they should act professionally and have the proper demeanor and attitude to work with children. It takes a certain disposition and personality to work with and supervise children. Some have what it takes to properly care or and supervise children while others do not. Unfortunately, children are often injured by the very people who are employed to care for them. When a child is injured at a school, day care center, after school program or other program / facility, there are often challenges and issues to the case or claim. Because of these challenges and complexities, it is often times helpful to consult with a Child Injury Lawyer for advice and legal representation.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

handcuffs%20on%20white%20background.jpgIn Texas and other States, incidents that take place at day care centers or as a result of day care center negligence or neglect can and do result in the criminal prosecution of the employees and / or administrators of the day care center. In most States, a person can be arrested for reckless conduct that is not intentional in nature. A good example is a DUI crash involving injury. The DUI driver did not necessarily intend to run over the pedestrian but the DUI driver was certainly reckless in driving under the influence of alcohol. In this case, the driver was reckless and can be arrested and prosecuted for crimes related to the pedestrian / automobile accident.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgIn Texas and other States, day care centers have the duty to provide timely and consistent supervision of children enrolled in the day care problem. The day care center and staff should properly monitor and account for the children during activities inside the facility, outside the faciliuty, and during field trips. The transportation of children enrolled in Texas day care centers and summer camps can lead to serious personal injuries if there is careless driving on the part of the day care center van driver or other drivers on the roadway. Transporation can also involve the risks of children left behind in the van especially during the sweltering heat of summer. Tragically, a number of children have died as a result of being left behind in a day care center van or school bus. Many day care care center employees, owners, and administrators do not realize the risks associated with leaving a child unattended in a hot vehicle even for just a few minutes. While there are van and bus alarms that can be installed to remind the driver and attendant to clear out the van or bus, there is also a simple process or procedure that can be and should be used during each and every list. It is called a checklist. The use and consistent completion of a checklist can and does save lives. Each child transported on the field trip should be on the list. Roll call should be taken when the bus or van stops at its location. Thereafter, another roll call should be completed when all of the children have exited the van or bus. In addition, it makes sense as a safety precaution for the driver and an attendant (if available) to each do a visual sweep of the entire van and bus at all stops and destinations.

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By Robert Chaiken, Attorney & David Wolf, Attorney

Published by Child Injury Lawyer Network

Technology%20Video%20Surveillance.jpgIn Texas and other States, children are the unfortunate and tragic victims of abuse and neglect a day care centers. While many incidents are reported and investigated by local law enforcement, many such incidents go unreported and are hidden from the parents of the abused and neglected child. With technology and other advances, many day care centers now have video surveillance in the facility. Many day care centers even offer parents a portal during the day so that parents can log in and view the day care center activities and child care. Video surveillance often times is effective in helping the day care center owner and parents monitor the care provided by the day care center employees, staff, and volunteers. One would think that the presence of video surveillance would deter the imposition of unauthorized and abusive corporal punishment and other harmful acts of day care center employees and staff. Even with video surveillance in place, some employees still abuse and neglect children even with a camera pointed at them. It may be that the employee did not know that video surveillance was in place or had forgotten about the presence of video surveillance.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Educaton%20Day%20Care%20Center%20Negligence%20Poisons.jpegDay 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.

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By Robert Chaiken, Attorney & David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Texas.jpgIn Texas and other States, drivers should exercise the utmost of caution when driving in or near an area of school bus stops. School buses are typically large, yellow vehicles that are easily seen. When a school bus stops, it should be obvious to all drivers in the area. Unfortunately, some drivers ignore the obvious presence of a school bus and put children in danger by reckless and careless driving. As a result thereof, children suffer serious personal injuries when they are hit by a vehicle in or near a school bus stop zone. See Texas Child Struck by Driver While Walking from School Bus.