Child Injury Lawyer Blog

By James Bailey, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The death of an 18 year old freshman from the University of Delaware resulted in the suspension of a fraternity (Sigman Alpha Mu) and a fine of $50,000. Delaware Online reported on this story. The case was pursued by the Delaware Attorney General's office. The prosecution of hazing and drinking incidents on college campuses like the University of Delaware is very important for the safety of college students. Unfortunately, incidents of alcohol poisoning and alcohol related personal injuries and deaths continue to take place on or near college campuses every year. Fraternities can be a place of great fun. They can also be a place of great irresponsibility and danger. Alcohol poisoning is a very serious medical condition that requires medical attention and treatment. Without timely medical attention, serious personal injuries and even deaths result. Brett Griffin's life ended at 18 years of age as a result of alcohol poisoning. Students, administrators, teachers, and, yes, even parents should do their best to educate others about the dangers of alcohol.

By James Bailey, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Center for Disease Control and Prevention collects and publishes data regarding child injuries and deaths for Delaware as well as other States. According to the CDC, transportation related injuries had the highest death rate among children ranging in age from 0 to 19 years old in Delaware. It is tragic when a child dies. Other categories reported by the CDC were drownings, falls, fire/burns, poisoning, and accidental suffocation. Co-sleeping arrangements can, in some cases, cause suffocation related death or injurires to children. See Infants in Wisconsin and Other States at Risks for Personal Injuries and Accidental Death When Co-Sleeping with Parents or Others.

It is a great loss for the family, friends, school, and the community. In Delaware, drivers should obey traffic laws and operate vehicles according to the road conditions and traffic. Safe driving can help prevent many deaths and injuries to children. Other types of accidental injuries to children can be prevented or at least reduced with better child care supervision. In an effort to help reduce the incidents of child injuries, the CDC publishes tips and advice for parents, caregivers, teachers, and others charged with the responsibility for supervising and or caring for children. See Road Traffic Injuries - The Reality for tips regarding topics like car seats and teen driving. See Falls - The Reality for tips regarding safety at play, home, and while participating in sports.

Prevention is key to preventing the pain, suffering, and, in some cases, death to children. If a child is injured or dies due to the negligence of a care provider, school, day care center, or medical provider, a child injury lawyer can provide consultation and advice as to the legal responsibilities and rights associated with such a matter.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware and other States, children are unfortunately placed in dangerous situations by their parents. In caring for a child, a parent should act in the best interest of the child. However, many parents selfishly act without considering the needs or safety of the child. In New Castle County, Delaware, four men were arrested for drug possession. Unfortunately, they were traveling around in a vehicle with a 4 month old in the vehicle. Drug buys and situations involving drug use are certainly dangerous for children. There are often times violence associated with drug buys and drug use. When a parent or other adults are under the influence of alcohol or drugs, judgment is impaired as to the best interest and safety of the child. During the arrests of the four men by New Castle County police, the infant was found improperly secured or improperly seat belted in the back seat of the vehicle. The arrest may have prevented serious injuries to the child there was an automobile accident or other incident caused by poor driving or violence. A search of the vehicle located two plastic bags containing marijuana and other drug paraphernalia. You can read more about this story at Four Arrested - Took Baby on Drug Buy in Delaware.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Zachary Christie, a six-year-old first-grader, was suspended and was facing 45 days in an alternative school for troublemakers for taking his favorite camping utensil to school. The utensil was a combination knife/fork/spoon that the child had planned to use to eat his lunch. The child was expelled under the school’s guidelines for dealing with children who bring weapons to school or commit violent offenses.

After public outcry, the school board voted to change the penalty for kindergartners and first-graders to a 3-5 day suspension. Zachary’s punishment was one of many recent incidents that have called into question schools’ zero-tolerance policies.

Of course, the school district has a responsibility to protect students from weapons and aggressive behavior. They can be held liable if a student in injured while at school. But the need for common sense to take precedence over blindly following the letter of school policy is obvious in this case. Assessing incidents on a case by case basis rather than reacting to all incidents with the same harsh punishment actually creates a safer and more stable environment for children.

Find out more about this story at Delaware 1st Grader Has 45-Day Suspension Lifted.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wilmington, Delware, a 19 month old boy wandered away from a day care center. He was found crawling on a sidewalk near a busy intersection. In Delaware and other States, there is a problem with day care supervision of children. Fortunately, ths child did not suffer any serious child personal injuries. The fact that the child was not injured does not excuse the failure to supervise and the failure to have safety precautions in place to prevent this incident from taking place. It was reported that a parent may have left a gate open. Since parents are not trained in day care supervision or facility safety, it is the responsibility of the day care operators and staff members to make sure that safety precautions are in place that account for acts that a parent may take while at the day care facility. You can read more about this story at Toddler at Delaware Day Care Center Wanders Out of Facility.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Newark, Delaware, a mother (Tiffany Hyrcek - age 27) from Bear, Maryland, was in an automobile accident. Following the crash, Ms. Williams escorted her 10 year old daughter out of the vehicle to a near by sidewalk. Then, Ms. Hrycek fled. Yes, she left her 10 year old daughter alone at the accident scene. Why did Ms. Williams flee the scene? She fled the scene because she had warrants out for her arrest. Ultimately, she was arrested at her home any way; however, due to her actions at the scene of the automobile accident, additional charges were filed for the crime of Endangering the Welfare of a Child.

Parents should exercise the utmost of care and supervision for their children. Leaving a 10 year child alone at an automobile accident scene is both irresponsible and dangerous. You can read more about this story at 10 Year Old Girl Left Behind by Fleeing Mother at Automobile Accident Scene in Delaware.

By David Wolf, Attorney Published by Child Injury Lawyer Network In Delaware, day care centers are required to maintain or provide access to an outdoor play area that is at least 50 square feet in size per each child. Outdoor play areas and playgrounds should have fencing or other protective barriers from all streets, roads, parking lots, high voltage areas, open pits, high voltage areas, and other dangerous areas. A child is wanders away from a play area can suffer serious personal injuries without proper fencing and / or protective barriers. As for the playground / outdoor play surface, the surface shall be made of a material that is resilient which absorbs falls. Playground equipment should be securely anchored unless the equipment is portable in design. It is vital for Delaware day care centers to be diligent in the design, maintenance, and supervision of the playground and outdoor areas.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children placed in Delaware day care centers are the unfortunate victims of day care negligence. Simple measures can be taken by day care centers to reduce the incidents of injury and harm to children that take place in the day care center. Good Delaware day care centers know and follow the rules and regulations set forth in
the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers.

Delaware day care centers should keep all poisonous and toxic materials out of the reach of children. Furthermore, all containers of poisonous and toxic materials should be clearly marked. All porches or elevations over 2 feet in height shall have barriers to prevent children and visitors from falling. Glass doors and sliding doors shall be clearly marked with stickers or other safety measures at the child's height to provide notice to the children of the glass door. Stairways with 4 or more stairs shall having railings. Electrical receptacles shall have child proof outlets when not in use. These safety measures and others can help prevent serious personal injuries to children in Delaware's day care centers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware, children are the unfortunate victims of day care center negligence especially when the day care center fails to follow the rules and regulations set forth at the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers.

What are the requirements as to physical environment and safety at a day care center? A center must have a building that is contructed, used, furnished, maintained and equipped according to all applicably Federal, State and local regulatory standards. The facility should be clean and safe and free from hazards. All structures, fences, equipment, and grounds should be maintained so that they are free from hazards and health. Having a safely constructed and designed facility is important. Supervision is key to children's safety as well.

If a child is injured as a result of an unsafe facility or a poorly maintained facility, it is important to get legal advice and representation from a Delaware child injury attorney. Legal advice can be provided to parents and caregivers on a wide variety of legal issues that arise when an innocent child is injured as a result of negligence.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware, it is important for day care centers to employ, train, and supervise qualified staff, employees, and volunteers. People who work or volunteer their time at day care centers in Delaware must meet with the Health Requirements set forth in the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers. What are the physical and mental health requirements for staff, employees, and volunteers of a Delaware day care center? Delaware law requires a written report from a licensed physician or nurse practitioner for a medical examination attesting to the health of the employee, staff member, or volunteer. The health status refers to both the physical and emotional ability to care for children. There also needs to be written evidence that the employee, staff member, or volunteer has been free from communicable diseases like tuberculosis within 1 year from the first day of employment at the Delaware day care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware, day care centers are required to train and properly supervise child care providers to make sure that children are cared for in a safe environment. Delaware day care centers are regulated by the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers. What requirements apply as to the reporting of abuse and neglect? Under the Delacare regulations, a day care center must have each employee sign a statement that clearly defines child abuse and neglect. Under Delaware law, a day care worker must report all incidents of child abuse to the Division of Child Protective Services. A day care center in Delaware must have written procedures / policies in place for the handling of suspected child abuse or neglect inflicted or committed by an employee of the day care center. The procedures must also include provisions for the termination of an employee involved in a founded incident of child abuse if continued employment would put children at risk.

Delaware day care workers and providers should provide children with a safe learning environment free from neglect and abuse. While the State of Delaware does conduct investigations into suspected incidents of abuse and neglect by a day care worker, parents of injured children can also hire a private civil Delaware child injury lawyer / attorney to investigate the incident and provide representation for the injured child. A child injury attorney can provide advice as to medical records, medical bills, further medical care, insurance documents, litigation, and many other issues.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Delaware, day care centers are regulated by the State of Delaware - Department of Services for Children, Youth and Their Families - Delacare - Requirements for Day Care Centers. Are Delaware day care centers required to carry liability and fire insurance to cover for personal injuries and / or the wrongful death of a child injured as a result of the negligence of the day care center? The answer is yes. There is a regulation in place that requires liability insurance. Unfortunately, it does not appear that the regulations require a particular amount of liability insurance to comply with this requirement. As such, a facility may be in compliance by carrying a minimal amount of insurance. For instance, a mere policy with a cap of $25,000 may comply with these regulations. Of course, many child injuries involve damages that are far greater than $25,000. The day care center is still responsible for all the damages suffered by a Delaware child as a result of negligence regardless of the amount of insurance in place. Good and responsible Delaware day care centers carry a sufficient amount of insurance so that an injured child and the child's family can recover adequate compensation through the liability insurance. Having sufficient liability insurance also helps protect the assets of the day care center and the day care center's ability to continue operations from a financial standpoint in the future.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Department of Health and Human Resources has a website that has a great reference tool for parents and caregivers with children in day care centers and child care centers. Each state regulates day care centers / child care centers through a state specific administrative code and / or policy manual. Go to State Administrative Rules and Policy Manuals for Child Care. Another good resource is located at the website for the National Resource Center for
Health and Safety in Child Care and Early Education. Parents should use these and other resources to educate themselves on the various state specific rules and regulations for day care centers and child care centers. Each state regulates day care centers slightly differently. As such, parents should be informed on the regulations that apply to their children's day care center. Is the facility following the law? Are the state specific requirements for staffing being met? Are records being kept according to the state law? What information as a parent and caregiver am I entitled to regarding incidents and accidents? What disciplinary measures are allowed? What disciplinary actions are prohibited? These and many other issues are addressed in these day care rules and regulations. In addition, parents concerned about the care being received in a day care center / child care center can also consult with a child injury attorney / lawyer to find out if there is a viable case or claim to be pursued on behalf of a child who has been injured in a day care center as a result of day care negligence, abuse, or neglect.