Child Injury Lawyer Blog

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, day care centers and child care centers have a duty to provide children with a safe and clean outdoor and playground environment. Pursuant to Title 78 - Legislative Rules - Department of Health and Human Resources - Division of Human Services - Child Care Centers Licensing - Hazards - Section 20.4.C, the Child Care Center has a duty to ensure that the play area for the children are well drained and free of debris. Furthermore, the child care center shall provide an outdoor environment that is clear of hazards including pits and abandoned wells, tree roots, appliances, and all other potential hazards including heat pumps, air conditioning units and external wiring, meters and telephone boxes. These areas shall be kept inaccessible to the child. The children enrolled in a day care center shall also be protected or kept away from moving vehicles when playing outside at the child care center. In addition, the soil of the playground area shall be free from any level of toxic chemicals and substances.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, day care centers / child care centers are regulated by the West Virginia Department of Health and Human Resources. The definition under West Virginia law as to what constitutes a child care center is quite broad and includes the following:

A facility maintained by the state or any county or municipality thereof,
or any agency or facility operated by an individual, firm, corporation, association or organization, public or private, for the care of thirteen (13) or more children for child care services in any setting, if the facility is open for more than 30 days per year per child.

The following are exceptions to the above definition:

*A kindergarten through grade twelve education program, that is operated by a public
school or that is exempt from the compulsory school attendance law by the state department of education;

*A West Virginia Pre-K classroom operated by a county Board of Education in a public
school setting;

*Any other kindergarten, preschool or school program that operates with sessions not
exceeding four (4) hours per day for any child;

*An individual or facility that offers occasional care of children for brief periods while
parents are shopping, engaging in recreational activities, attending religious services or engaging in other business or personal affairs;

*Hospitals or other medical facilities that are primarily used for temporary care of
children for treatment, convalescence, or testing; and

*Persons providing care solely for children related to them.

See Title 78 - Legislative Rules - Department of Health and Human Resources - Division of Human Services - Child Care Centers Licensing.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, parents rely on day care center / child care centers to watch over or supervise their children while they are at work. It is vital that day care centers follow the applicable West Virginia laws and regulations. In addition, it is just as important that the day care center and its staff use everyday common sense and good judgment when supervising children. Pursuant to Title 78 - Code of State Rules - Department of Health and Human Resources - Division of Human Services - Section §78-1-3.2 Definitions - Adequate Supervision, a day care center has a duty to provide adequate supervision which is defined as "the observation, oversight, and guidance of the individual child or groups of children, by the staff member taking responsibility for the ongoing activity of each child or group of children so that the staff member is close enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member’s physical presence, knowledge of the ]child’s program of activities, individual needs, habits, interests and special problems, if any, and the acceptance of accountability for the child’s or groups of children’s care."

West Virginia day care centers / child care centers should follow this regulations as well as the other regulations set forth by West Virginia Law and enforced through the Department of Health and Human Resources. By providing each child with "adequate supervision", many incidents leading to personal injuries or harm to a child can be avoided.

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

In Potsdam, New York, the Watertown Daily Times reported that a day care center was cited with violations of day care laws and regulations. The New York Office of Children and Family Services is the New York government agency charged with licensing and supervising day care center. It was reported that Build Blocks Day Care Center was cited with over two dozen violations over the past two years. See N New York Day Care Center Cited with Violation of Day Care Regulations. It was noted in the article that the violation of a day care regulation does not necessarily mean that a facility is a "good" day care facility or a "bad" day care facility. This is probably an accurate statement; however, compliance with New York day care standards including those pertaining to safety, playgrounds, staffing, and supervision can help prevent or avoid many incidents that do cause serious personal injuries to children enrolled in a day care program.

It can be quite difficult for a parent to deal with an unexpected child injury that takes place at a New York day care center or child care center. The book titled - The ABCs of Child Injury - Legal Rights of the Injured - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Treatment / Medical Bills, and other topics. To receive a free copy of this book, go to The ABCs of Child Injury.

By Sara Powell, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

In Phoenix, Arizona and other States, parents rely on day care centers to provide a safe and clean environment while the parents are at work. The day care center has a duty to provide consistent supervision so that the children are kept safe and free from dangers and hazards. Unfortunately, some day care centers put a child at risk for personal injuries when the supervision is lacking. It is vital that day care centers have policies, procedures, and safeguards in place to prevent children from wandering out of the facility. In Phoenix, Arizona, it was reported by the local news that a child wandered away from a day care center. Fortunately, the child did not suffer any serious personal injuries and was returned safely to the day care center and ultimately to the child's family. While there were no injuries reported, the risks were still there and actions should be taken by this facility to prevent future incidents of this nature. See Toddler Wanders from Daycare Center in Phoenix, Arizona.

It is a challenge to be a parent. There are challenges to finding the right day care center, finding the right babysitter, helping children with their homework, getting the child to right doctor, etc. . . It is even more challenging for a parent when a child suffers a personal injury as a result of the fault or negligence of another person, school, day care center, motorist, or other entity. The book titled - The ABCs of Child Injury - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Medical Treatment / Medical Bills, Damages / Compensation, Sports Injuries, and other topics.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The U.S. PIRG (Public Interest Research Organization) released a report titled "Trouble in Toyland) that warns parents, school, day care providers, and others as to the dangerous of certain toys out on the market this holiday season. Toys can pose a risk to children due to choking hazards and / or toxic components like lead. It is important for parents to be on the the look out for these reports and other reports and warnings from organizations like the U.S. Consumer Product Safety Commission. See Trouble in Toyland - List of Dangerous Toys.

Parents and day care providers should be careful when purchasing a toy and when accepting a toy as a gift for a child. Check the packaging for the age recommendations. Closely examine the toy and all contents on the box for small objects or sharp objects. Unfortunately, many children suffer serious personal injuries and, in some cases, death from unsafe toys.

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

In Buffalo, New York and other communities, it is vital that drivers follow traffic regulations and speed limits especially in areas where children are pedestrians or bicyclists. Unfortunately, many children suffer personal injuries and some even die due to the negligence of others. In Buffalo, New York, the Buffalo Police reported that a 9 year old child - Daspan Niroula - died after he was hit and killed by a day care bus. The boy's brother - Chandra Niroula - age 16 - stated that the bus ran a stop sign. Police will fully investigate the accident since a death resulted. The driver drove the bus for Lil' Workers Child Development Center, a state-licensed child care business run by Greater Works Christian Fellowship Church. See Boy Struck by Day Care Center Van - Police Investigating.

Pedestrian accidents are not always clear cut as to the liability or fault of the driver as compared with the pedestrian. Regardless of the outcome of the investigation, the untimely death of a 9 year old is tragic and a great loss for the family, neighborhood, and the community.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. A parent can obtained a copy of this book for free at The ABCs of Child Injury.

By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In West Virginia, day care centers and child care centers are regulated by the West Virginia Department of Health and Human Resources. Title 78 of the West Virginia Code of State Rules governs the licensure and regulation of day care centers. The applicable provisions depend on the number of child in the facility and the type of services provided by the day care center. See Title 78 - Legislative Rules - Department of Health and Human Resources - Division of Human Services - Child Care Centers Licensing.

It is important that West Virginia Child Care Centers follow these rules and regulations and otherwise ask with due diligence to make sure that the children are supervised in a safe and clean environment. Parents, who are researching day care centers, should ask questions about prior inspections, violations, and surveys. Parents, who already have a child enrolled in a day care center, should frequently visit and keep updated on inspections, violations and surveys.

Unfortunately, some children suffer personal injuries while under the care and supervision of a West Virginia Child Care Center / Day Care Center. When a child is injured, there are often times many questions and issued faced by a concerned parent. 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, Medical Bills / Medical Treatment, Damages / Compensation, School Injuries, and other topics. A parent or concerned person can obtain a free copy of this book at Free Child Injury Book.

In Derry, New Hampshire and other communities, school bus drivers have a duty to drive safely and otherwise properly supervise the children on the school bus. It was reported that a school bus drive, Amy Weeden, was accused of stopping short which, in turn, caused two students to suffer personal injuries as a result of the braking. The incident was reported to police and Weeden was ultimately charged with disorderly conduct and assault. See Derry New Hampshire - School Bus Driver Stops Suddenly - Personal Injuries.

Parents rely on schools and day care centers to safely transport and otherwise supervise their children. From time to time, there can be challenges on the job for a teacher, assistant, school bus driver, and others charged with driving and / or supervising children. It is important for these adults with the fiduciary duty of caring for children to keep their calm and composure and always act in the best interests of the children. Safety first - safety always should be followed.

When a child suffers personal injuries as a result of bad acts or negligence of others, a claim and / or civil lawsuit may be pursued to enforce the rights of the injured child. 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 Treatment / Medical Bills, and other topics. You can receive this book for free at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Montana, a former 72 year old day care owner was convicted of criminal charges involving the sexual abuse of toddler. The Montana day care owner pleaded guilty to sexually assaulting the girl for a period of a yea and one half. Albert Gaub unfairly and immorally assaulted this child. See Day Care Owner Convicted of Sexually Assaulting Child. From news reports, it does not appear that the Defendant, Albert Gaub, came to terms of his crime or appreciated the magnitude of the harm done to the child. Fortunately, Mr. Gaub will now be "behind bars" and away from children.

In Montana and other States, many child abusers are still roaming the community undetected. Some criminals are very clever and are able to avoid detection and prosecution for a life time. It is quite frightening to know that there are people like Albert Gaub in any given community looking for an opportunity to harm a child.

When a child is injured in a day care center, parents often times need help and have a number of questions about the legal rights of the child. It is a shame and tragedy in many instances when a child is injured by the very people who have a legal and moral duty to watch over and keep children safe. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - has chapters on day care center injuries, school injuries, damages/compensation, and other topics. The book can be obtained for free at The ABCs of Child Injury. The book is also available on Amazon, Barnes & Noble, and the Apple iBookstore.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A common element in many homes can cause significant risk of injury to a child - the open window. Every year - over 5000 emergency room visits are reported that were necessitated when a child fell out of a window of a building. The Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio collected research and reported on the dangers of falls out of windows and resulting personal injuries to children. The danger can be easily removed by having window guards installed in the home, school, day care center, and other location frequented by children. It is also vital that adult supervision is provided in these settings. See Falls from Windows Cause Injuries to Children.

Child safety experts also recommend that homeowners, schools, and day care centers remove furniture away from window areas to prevent the wandering or curious child from using the furniture to gain access to the window sill area.

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

In Monroe County (North Greece) New York, a child injury was reported at the YMCA located on Long Pond Road. Fire fighters / paramedics with Monroe County EMS responded to the YMCA and reported that a child was in a crawl tube with a neck injury. The story was posted on the site Monroe County Fire Wire which is a website owned and managed by Scott Ellman who is a firefighter with the Brighton Fire District. The website provides good public service information to residents served by hard working men and women who work as firefighters and paramedics in the area. See Child Injury Reported at New York YMCA.

When a child suffers a personal injury at a YMCA and / or a day care center, an investigation will typically be conducted by the facility and in some instances by local law enforcement, fire rescue, and / or the social welfare agency that regulates day care and child care facilities. Some incidents involving an injury to a child are unexpected and unforeseeable. Others, however, are foreseeable and more importantly preventable with better supervision and better equipment in place.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - is a good resource guide for parents seeking answers and basic information when a child suffers an injury at a school, day care center, home, or other location. The book has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. This book can be obtained by parents and other interested person for free at - Free Child Injury Book for Parents Seeking Answers to Common Questions and Issues.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Louisiana DCFS (Department of Children and Family Services) is the governmental agency in charge of licensing, supervising, and disciplining licensed day care centers in the State of Louisiana. For a day care center to remain in good standing and to retain its state day care license, the facility must follow the rules and regulations set forth and enforced by the Louisiana DCFS. These regulations include those related to documentation, attendance records, and staff to child ratios. Unfortunately, many day care centers violate these policies and put children under the supervision of the day care center at risks for serious personal injuries and, in some instances death. The Louisiana DCFS recently revoked the child care license of a facility due to alleged violations of the State day care regulations and rules. See Louisiana DCFS Suspends / Revokes Day Care License of Children of the Future.

When a child suffers an injury as a result of the lack of supervision, an unsafe facility, or some other cause that is the fault of a day care center employee or administrator, a parent is often times faced with many challenges and questions. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Medical Bills / Medical Treatment, School Injuries, Day Care Center Injuries, Damages / Compensation, and other topics. A parent or other interested family member can obtain a copy of this book for free at The ABCs of Child Injury.

By George Fusner, Jr., Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Whitehaven, Tennessee, a family and community are mourning the death of a 6 year old boy - Anthony Scott. It was reported that Anthony was hit and killed by a day care center van with Pee Wee Wisdom Child Care Center. The Tennessee Department of Human Resources is the governmental agency that licenses and regulations day care centers in the State of Tennessee. A full investigation will be conducted to determine the cause and preventability of this tragic day care center transportation pedestrian accident. See State of Tennessee Department of Human Resources to Investigate Fatal Pedestrian Accident - Death of Anthony Scott.

When a child is injured as a result of the negligence or inattention of a child care provider, a school, or other entity, parents are faced with a number of questions regarding legal rights, insurance, and compensation. 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, Automobile Accidents, Damages / Compensation, and Medical Bills / Medical Treatment. The book is available on Amazon, Barnes and Noble, and the Apple iBookstore. It is also available to parents and other interested persons at Free Book for Parents Dealing with a Child Injury.

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

In Georgia, a jury awarded the parents of a 2 year old child over $9 Million dollars in a lawsuit that was filed against a day care center. The case involved the drowning death of a 2 year old (Abiola Bankolemoh) who was not properly supervised by the day care center employees. As a result of the lack of supervision, the child drowned in a Georgia swimming pool. While swimming pools can be great fun for children, swimming pools also pose a significant risks to children. Because of the inherent risks associated with swimming pools, it is vital that proper supervision is in place at all times when children are in or near a swimming pool area. In particular, gates should be locked, pool fences should be secured and in place, and supervision should be consistent and constant. See Gwinnett County Georgia Jury Awards Parents a Verdict in Day Care Drowning Case. The verdict in this case was quite significant. Hopefully, the parents are able to collect upon the verdict. Many day care centers lack insurance or have minimal insurance in place to cover personal injuries and deaths that take place at a day care center.

When a child suffers personal injuries at a Georgia Day Care Center, there are often times many questions and issues involved with such an incident. 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. You can obtain this book for free at Free Book for Parents Searching for Answers and Help with Personal Injury Matters.

By George Fusner, Jr., Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tennessee and other States, parents send their children to school with the hope and expectation that the child will be educated and supervised in a safe environment. Unfortunately, some children suffer serious personal injuries and some even die while on school grounds or while engaged in a school related activity or field trip. In Whitehaven, Tennessee, it was reported that Anthony Scott (age 6) was hit by a day care by a Pee Wee Wisdom Child Care Center. A full investigation will be conducted as to the cause and preventability of such an accident.

The incident took place in the parking lof of Oakshire Elementary School. During the investigation, it is expected that school and law enforcement officials will review videotapes (if any are available), school policy and protocol, and witness statements regarding the incident. No matter the outcome of the investigation, the death of Anthony Scott is certainly a tragic loss to his family, school, neighborhood, and community. See 6 Year Old Struck by Tennessee Day Care Center Van - Oakshire Elementary School.

Parents often times have a number of questions and issues to deal with when a child suffers an injury at a school or day care center. 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, Automobile Accidents, and other topics. You can receive this book for free at Free Child Injury Book for Parents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky, parents rely on day care centers to provide care and supervision to their children. It was reported that a child choked on a push pin while she was at a Louisville Kentucky day care center - Trina's Daycare Center. It was reported that day care workers at the Kentucky day care center observed that Jacorey Davis, age 2, was having convulsions at the day care center. It was not known at this time why the child was having the convulsions. The child was later rushed to Kosair Children's Hospital where he was pronounced dead. An autopsy later concluded that the child choked on a push pin. Recently, owner of the day care center - Katrina Clyburn gave a statement about the incident and her feelings regarding the death this child. See Day Care Owner Talks About Child's Death - Louisville, Kentucky.

Some injuries / deaths that take place at day care centers are prentable and some are not. Often times, there are many questions that a parent has when a chilld is injured at a day care center. 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 Medical Care / Medical Treatment. See Free Book to Parents Dealing with Injuries at a Day Care Center.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other States, parents rely on day care centers to provide supervision and education during the work day. Most parents hope and believe that their children are receiving quality care and mentoring while in the day care center. Unfortunately, children often times do not receive the care or supervision they need in a day care center. As a result of the lack of timely and consistent supervision in a day care center, children suffer personal injuries. Many of these injuries could have been avoided with better and more attentive care and supervision on the part of the day care center staff. A study by the Children's Investment Fun surveyed 182 day care centers and found deficiencies ranging from unsafe playground to lack of available indoor play space to poor ventilation at various day care centers. See Study - Many Massachusetts Day Care Centers Are Deficient.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In many homes, day care centers, school, and other locations, there is a hidden danger that many parents and child care providers are not aware about. Button batteries are the size and shape of a small coin. Button batteries power many small toys and electronic devices. In the hands of a child, a button battery is seen as a toy and often times is ingested. The swallowing of a button battery can cause significant health risks and hazards to a child. There is a question and answer quiz posted online that will test your knowledge of the hazards of button batteries. Take the quiz to see how you so. How much do you know about the dangers of button batteries? What should you know about the dangers of button batteries? See Test Your Knowledge - How Much Do You Know About Button Battery Safety?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky and other States, day care providers have a duty to provide for a safe and clean educational and learning environment for the children under their care. Day care providers should be trained to notice or observe signs of abuse and neglect. If a day care provider has a reasonable suspicion of abuse or neglect that is taking place outside of the day care center, the day care provider has a duty to report such information to the local Kentucky social service agency. In Floyd County, Kentucky, a day care center was shut down after a toddler died as a result of alleged abuse and neglect. The child's family caregivers have been arrested for the crime. State authorities closed down the Kentucky day care center and will conduct a more thorough investigation as to the cause of the death, preventability of the death, and whether any day care providers failed to properly report abuse or neglect to authorities. First and foremost, it is the best interest of the child that should control when a child is the suspected victim of abuse or neglect in the home setting. See Floyd County Kentucky Day Care Center Shut Down Following Toddler's Death.