Child Injury Lawyer Blog

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

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.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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.

By David Wolf, Attorney Published by Child Injury Lawyer Network

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.

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

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.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Children are at risk for personal injuries and, in some instances, even die when left in a day care center van, bus, or vehicle. The exposure of the child to extreme heat or cold can lead to hyperthermia or hypothermia. This, in turn, can have fatal consequences and end the life of an innocent child. Whether the child is left in a vehicle for convenience or left in the vehicle due to negligence, inattention, or forgetfulness, the results can be the same. The problem is that many day care providers and child care providers do not recognize or understand the risks of leaving a child unattended in a vehicle even for a few minutes. It is vital that a day care center have policies and procedures in place when transporting a child and that the day care center FOLLOW these policies and procedures. By properly completing a simple checklist - a child's life can be saved.

When a child suffers an injury or death as a result of the negligence or improper supervision at a day care center, a child injury attorney can help the family pursue a civil case or claim for damages. The attorney can seek compensation for the child and family for medical bills, funeral bills, pain, suffering, loss of enjoyment of life, and other damages. 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, Damages / Compensation, and other topics. Get the book for free at The ABCs of Child Injury.

Proper safety precautions should be followed for the health, safety, and well being of each child enrolled in a day care center. The following safety precautions should be followed when transporting a child enrolled in a day care center:

1. Attendance Sheet. An attendance sheet or checklist should be maintained that contains the name of each child transported by the day care center.

2. Roll Call When Loading the Bus. A roll call should be taken when the child loads the bus.

3. Roll Call When Unloading the Bus. A roll call should be taken when the child unloads from the bus.

4. Sweep or Walk Through of Bus, Van, or Vehicle. A visual sweep and walk through of the van, bus, or vehicle should be completed to make sure that no children have been left in the vehicle.

5. Roll Call at Destination / Day Care Center. When the children are unloaded from the bus and arrive at the destination, another roll call should be taken when the children are off the bus.

6. Installation and Use of Alarm. A van or bus alarm can be installed in the vehicle. The alarm will sound until turned off. Typically, the alarm is installed in the back of the bus so that the driver or attendant is forced to walk to the back of the vehicle to turn off the alarm. This, in turn, will require the driver / attendant to check the entire bus / van.

When a child is injured as a result of being left in a day care center van or bus, criminal charges are often times pressed against the day care center operator and / or the driver / attendant with the day care center. It was reported in Akron, Ohio that the owner of a home day care center pled No Contest to criminal charges. The case stemmed from the death of a 13 month old girl - Aolani McCray - who was left in a vehicle while under the care of the day care center. Involuntary Manslaughter was the particular charge pursued by law enforcement officials. The day care center operator was sentenced to community control (probation) and community service. See Ohio Day Care Center Operator Pleads Guilty to Involuntary Manslaughter Charges.

By Mark Freedman, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

In Michigan and other States, school officials have a duty to keep schools safe for the children. Most schools act very swiftly and quickly when guns, knives, and / or other weapons are discovered in a school. Even a "toy" gun or "pellet" gun can cause serious injuries to a child in a school or day care center setting. Furthermore, a toy gun can often be mistaken by a teacher, student, or police officer as a "real" gun which can then set forth a series of events that can lead to serious personal injuries and, in some instances, death.

Parents and guardians should do their best to keep their children from bringing guns, knives, weapons, and even toy guns to school. At times, a children mistakenly leaves one of these items in a bag and then takes the items to school. While the intent to bring the gun, weapon, or toy was not present, the dangers and risks of having the item in school can still be there nonetheless.

When a child is injured at a schol or day care center as a result of negligence or improper supervision, a child injury attorney can assist the injured child and family with the many issues and challenges that arise in these cases. A child injury lawyer can help a family deal with the medical bills, medical treatment, insurance, and other matters involved with a personal injury case. 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. You can receive this book for free at The ABCs of Child Injury.

It was recently reported that a girl in Bay City, Michigan was suspended from her school for bringing a gun to her elementary school. The incident was reported by WNEW TV 5 News. The teachers at the school were not sure whether the gun was "real" or not and police were called to the school. It was determined that the gun was a pellet gun.

"The building principal did, or is doing if you will, what is necessary - and that is to take everything seriously," said Superintendent Shawn Bishop. See Elementary School Girl Suspended for Brining a Gun to School.

Fortunately, there does not appear that there were any injuries suffered as a result of the gun being brought to school. While the girl who brought the gun to school may not have meant to and may not have meant to harm anyone, it is still dangerous to bring a gun - whether "real", pellet, or toy - to a school.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Any time there is a swimming pool near a day care center - there is great danger. Because of this, it is vital that all swimming pool owners including schools and day care centers put proper precautions in place to prevent children from wandering into pool areas. A drowning can take place in even shallow water and seconds matter when a child is left alone or unattended in or near a swimming pool area.

When a child suffers personal injuries as a result of a drowning, it can be helpful to have the services of a Child Injury Attorney to advise the family regarding the legal rights of the injured child and the parents. There often times are issues involving medical bills, medical treatment, pain, suffering, and related damages. Contact a Child Injury Lawyer for a Free Consultation.

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

When a day care center has a swimming pool, there are a number of safety measures that can be put into place:

1. Door Alarms. Have a door alarm in place for all doors leading to the swimming pool area.

2. Pool Fence. Make sure that there is a secure barrier (pool fence) around the pool.

3. Screen Enclosure. A screen enclosure, in addition to the pool fence, can serve as yet another barrier around the pool.

4. Supervision. In addition to the above structures, it is vital that there is supervision of the children so that they do not wander into the pool area.

Of course, the above list is not an exhaustive one but one to keep in mind when there is a swimming pool in or near a day care center. The safety of children is important any time that there is a swimming pool in the area.

A drowning was reported in Aurora, Ilinois. The incident took place at a day care center that had an above ground pool at the home. It was reported that Abigail Holland was later pronounced dead at Rush Copley Medical Center. Following the drowning, Tracy Kennedy was charged with the crime of endangering the life of a child and operating a day care center without a license.

When Kennedy discovered the child in the pool, paramedics were contacted and rushed to the home day care center. Efforts to save the child who drowned were tragically unsuccessful. The death of this child is certainly a great loss for the family, neighborhood, and the community. See Criminal Charges Result from Child Drowning at a Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky and other States, day care centers have a duty to provide proper and consistent supervision to children. Furthermore, day care workers have a duty to refrain from using corporal punishment to discipline children or to retrain the children for the convenience of the staff. When enrolled in a day care center, a child should be provided with a safe, nurturing educational environment. Unfortunately, at times, children are the victims of abuse, neglect, and negligence while under the care of a day care center.

When a child suffers injuries as a result of improper supervision or corporal punishment at a day care center, it is often times helpful to have a Child Injury Attorney review the case and determine the appropriate course of action to seek compensation for medical bills, pain, suffering, and other damages resulting from the injuries.

There are a number of steps that a parent can take to evaluate and monitor the day care center providing care for their children:

1. Request a Copy of the Day Care Center License.> Many day care centers operate without a license when they are required to have one in place. Ask for a copy of the current day care license for the day care center. If there is a valid one in place, there should not be any problem with showing you the license or providing you with a copy of the same.