Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children just love playing with games and toys. Unfortunate, the very games and toys that bring hours of enjoyment to a child can also cause serious personal injuries and, in some cases, the untimely death of a child. When a child suffers an injury due to an unsafe product and / or improper supervision of the child, it is often helpful to contact a Child Injury Attorney for consultation and representation regarding the matter. A Child Injury Attorney can advise a parent as to the legal rights of the injured child and the rights to compensation for the injuries sustained by the child.

For younger children, there is a serious risks of choking on parts of a toy or game. Children are curious and lack good judgment. Often times, a child will put a piece of a toy or game in his or her mouth without giving much thought to the risks involved. Some games or toys are manufactured with small parts or pieces. Other games and toys can be damages or broken that result in small parts or pieces being available to the child. Toy safety and supervision are important in the home, the homes of relatives, friends, and neighbors, schools, day care centers, and other locations. Here are some safety tips to keep in mind to prevent or reduce the incidents of choking on toys:

1. Age Recommendations. Most toys are labeled with age recommendations. It is important to read the instructions and packages for toys. The age recommendations are there for a reason. While these age recommendations are far from perfect, they can serve as a guide to make a decision as to the use of a toy or game for a certain child and age group. If the packaging has been lost or discarded, search for the toy or game on the Internet. You can also contact the manufacturer or visit a store for more information regarding the toy or game.

2. Toy Maintenance and Inspection. Toys and games should be frequently inspected and cleaned. While a toy may be safe when purchased, it can become broken or worn over time and present dangers to a child.

3. Supervision. No matter the labeling or inspection of a toy, nothing can replace the importance of supervision of children when playing with toys and games. Children should use the toys and games as instructed. Often times, a child will misuse a toy or game without recognizing the dangers associated with the same.

4. Storage of Games and Toys. Since it is impossible or impractical to provide 24 / 7 of children in most instances, it is important to safely and securely store toys when supervision is not provided or available. Keep all toys with small pieces out of the reach of toddlers and infants who have a habit or risks for putting these pieces in their mouths.

5. Set Rules and Limitations for Play. Children should be instructed as to proper use and timing of play. By setting Rules and Limitations in place, many personal injuries can be reduced. There should be a time and place for toy and game play. Furthermore, toys should be removed from the floor and areas should be organized and cleaned to prevent injuries to the children and others.

6. Remove Unsafe Toys and Games. The Consumer Product Safety Commission periodically recalls toys and games that are determined to be unsafe for children. Parents and child care providers should visit the website for The Consumer Product Safety Commission to find out about these toy and game recalls.

See also Choking Risks to Children from Toys and Games.

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

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

Important questions that every parent of a child in a day care center should ask are as follows:

Who is running my child's day care center?

What are the risks to my child?

These are basic but important questions for a parent to ask and get the information. Most day care providers are responsible adults who truly care about the safety, education, and welfare of children. Unfortunately, there are others who see a day care center as only a business center. Worse than that, some day care operators use the venue of a day care center to abuse, neglect, and / or assault children under their care.

Certainly, a parent cannot prevent or anticipate all abuse, neglect, or assault related incidents that take place at a day care center. When such acts are discovered, it is important for a parent to take action by reporting the incident to law enforcement, social service, and to a child injury lawyer. Hopefully, these acts will prevent other incidents in the future at the day care center.

If a person has no prior criminal history of assault or abuse, there probably will not be any public records to clue a parent in as to the dangers of a particular person. Furthermore, if a day care center provider has never been caught committing bad acts, the dangerous or abusive propensities of the day care center owner or provider may be unknown or undiscovered. Nevertheless, it is important for a parent to do his or her due diligence to find out what he or she can about the people owning or operating a day care center.

Once a child is enrolled in a day care center, it is important for the parent to frequently visit and, yes, inspect the day care center. Also, a parent should speak to his or her child to find out about the activities and interaction at the day care center with other children and the child care providers. If there are any signs of suspicious activity, immediate action should be taken.

It was reported in San Antonio Texas that a day care center owner was criminal charged with sexually molesting a boy under his care. Bradley Bendele was arrested for multiple incidents of child sexual abuse at a Texas day care center owned and operated by Bendele and his wife. If the allegations are confirmed, it is most unfortunate and tragic that a boy was abused by a person who was responsible for his care, supervision and well being. Mr. Bendele will be entitled to legal representation by a Texas criminal defense attorney or the public defender's office. See Sexual Assault Reported at Texas Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Tragedy can take place in a matter of seconds . . . . This is especially true with children in day care centers. When children are arriving or departing the school in car pool, pick up, or drop off areas, children are at risk for personal injuries. Unfortunately, some children suffer serious personal injuries and even die at or near day care center during pick up or drop off time periods. It was reported in Omaha, Nebraska that a 2 year old child - Maximiliano Delgado-Morales was hit by a truck when he ran into traffic. Max was a enrolled in the Next Generation Child Care and Pre-School. For more information, see Child Hit Outside of Omaha Nebraska Day Care Center.

Parents, who have children enrolled in a day care center, should ask for a copy of the policies and procedures for pick up and drop off. While not all incidents or accidents can be avoided, having clear policies and procedures in place can help prevent many incidents from taking place. A parent can also recommend or suggest improvements or changes to policies or procedures if it appears that there is a better way to keep children safe during drop off / pick up times.

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, Day Care Center Injuries, Medical Care / Medical Treatment, School Injuries, and other topics. When a child suffers a personal injury, there are often many questions and issues faced by a parent. The book has information that can help guide a parent through some of these matters. A free book can be obtained at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The death of a 1 year old (Zachary Taylor) was reported at Lincoln, Nebraska day care center. Since the cause and circumstances of the death were unknown and because the death involved such a young child, police and the local medical examiner will be investigating this matter. When child care providers found that Zachary was unresponsive in the day care center, CPR measures were taken to try to revive the child. Unfortunately, these efforts were not successful. For more information regarding this matter, see Police Investigating Death of One Year Old Child at Day Care Center.

In most States, the death of a child at a licensed day care center are governed by rules and regulations as to procedures and documentation. There are also procedures and documentation required as to staff to child ratios, indoor facilities, emergency procedures, attendance, and other matters at a day care center. Furthermore, many States have implemented policies and procedures for nap time at a day care center / child care center.

When an autopsy is performed, medical and scientific information are often times obtained that determine the cause of death, timing of death, mechanism of death, and preventability of death. Some deaths are unforeseeable and unpreventable and stem from an unknown or undiscovered medical problem or undiagnosed congenital problem. On the other hand, some deaths are preventable with better care and supervision. Each incident / case is different and must be evaluated on its own facts and circumstances. In some cases, it can be helpful to have a personal injury attorney / child injury lawyer investigate the case as well to determine and assess the legal issues and insurance issues that may apply to the case.

The book - 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 Care / Medical Treatment, Automobile Accidents, and other topics. A parent or other concerned person can obtain this book for free at The ABCs of Child Injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Omaha, Nebraska, a family and community are now grieving the death of a 2 year old boy who was hit by a truck near the day care center (Next Generation Child Care) that he was attending. It was reported that Maximiliano Delgado-Morales was hit by a 1998 Chervolet pick up truck. The mother of Maximiliano arrived at the day care center to pick up her son. It was reported that Maximiliano ran into 36th Street and then was hit by the truck. For more information regarding this incident, see Toddler Hit by Truck Outside of Omaha Nebraska Day Care Center.

Drop off times and pick up times at or near a school or day care center can be quite busy and hectic. It is vital during these times that children are well supervised and that all reasonable precautions are taken to keep children away from moving cars in or near parking lots and adjacent roadways to the school or day care center. When a child is injured, a parent often times has questions as to insurance and legal liability for the bills, damages, and injuries. When these questions arise, it is often times helpful to discuss the matter with a Personal Injury Attorney / Child Injury Lawyer.

Following the accident, the boy was rushed to Creighton University Medical Center for medical care. Unfortunately, he did not survive the trauma and injuries resulting from this tragic Nebraska pedestrian accident.

A full investigation by local and / or state law enforcement officials will be conducted to determine the timing, cause, and preventability of this incident. The loss of a child is certainly an event that has a ripple effect in the family, school, neighborhood, church, and community. In other words, the loss of a young life is felt and grieved by many. When a child dies from a pedestrian or automobile accident, it certainly is unexpected and a shock for the family. At these tragic and trying times, it is important for the family of the child to have the support of family, friends, and neighbors.

At day care centers in Nebraska and other states, child suffer personal injuries. Some are preventable and some are not. It is important for parents to have a basic understanding of the legal rights of the injured child and seek legal advice when appropriate. 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, Automobile Accidents, and other topics. A parent or other concerned person can obtain 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 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.