Child Injury Lawyer Blog

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 David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nebraska and other States, parents rely on day care centers, babysitters, and schools to supervise their children and keep them safe. Unfortunately, in some instances, these child care providers neglect children under their care and cause serious personal injuries to children and sometimes even death. In Nebraska, a babysitter was sentenced to a prison term of up to 4 years. Pamela Johnson pleaded no contest to the charges of intentional child abuse and first degree assault on a child. Law enforcement officials and prosecutors pursued the case based on evidence that showed that the child victim had injuries consistent with Shaken Baby Syndrome. See Nebraska Babysitter Sentenced in Child Abuse Case.

Shaken Baby Syndrome is a serious condition that is caused essentially when a person shakes a baby and thereby causes brain injury to the child. When supervising, babysitting, monitoring, and / or disciplining a child, it a vital that the caregiver NEVER EVER shake the child. First, it is not an effective way to discipline a child. More importantly, it can and does cause permanent and serious personal injuries to the child.
See also Parents of Shaken Baby Syndrome - Mission to Increase Penalties for Unlicensed Day Care Centers and for Violation of Day Care Center Regulations in Washington State and Omaha Nebraska Day Care Provider Charged with Child Abuse - Shaken Baby Syndrome.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nebraska and other States, parents bring their children to day care centers with the hope and expectation that good care will be provided and at the end of the day the child will be healthy, happy, and ready for pick up to go home. Unfortunately, not all days spent in a day care center are so idyllic and, in some instances, a child suffers serious personal injuries and even death in a day care center. Some personal injuries and deaths are unexpected and could not be prevented even under the best of circumstances but other deaths and injuries could be prevented with better supervision, more timely medical care, and compliance with the State and local day care regulations.

Omaha police are investigating a recent death of a 4 month old who was being cared for in a day care center. The child was found unresponsive in the day care center and then taken to the hospital for care and treatment. Unfortunately, the child died and the family must now make final arrangements for a life lost at such an early age. In most unexplained deaths of this nature, there is an autopsy to determine the cause of death, the preventability of the death, and any other medical conditions or problems for the child. You can read more about this story at Infant Dies After Being Rushed to Hospital From Daycare.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A day care center has been shut down and its owner arrested in Omaha, Nebraska. Sandra Johnson, also known as Sandra Minor, was arrested for felony child abuse. An emergency order was issued to Johnson (Minor), which immediately suspended her license as a child care provider and, ultimately, shut down her day care center. The emergency order was issued after police were called to Creighton University Medical Center. After the officers arrived, hospital staff advised them that an 11-month-old was being treated for a broken arm. Police then talked with the child's mother who told police that she believed the incident could have happened at her child's day care center.
Emergency orders are issued in the state of Nebraska when necessary to protect the immediate physical well-being and safety of a child in a child care program. If you would like to read more on this story please see Emergency order issued to day care owner in Omaha, Nebraska; center shuts down.

Johnson will be entitled to an attorney to defend the charges pressed against her. Regardless of this day care provider's culpability, violence against a child is a heinous crime. Physical violence against a child can inflict personal injuries, sometimes permanent. Children should be handled with patience and care.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Three Nebraska daycare workers are accused of assaulting young girls. These daycare workers allegedly taped a baby's mouth shut because the baby would not stop crying. Also, it is alleged that a daycare worker bit a child as punishment for biting another child.

The workers have been suspended without pay pending the outcome of the investigation. The daycare center may be subject to liability if it hired these workers knowing they had a history of assault or violence. There may be other civil causes of action against the day care center and the workers but more supporting facts are needed. Before enrolling your child in a daycare center, make sure the center is reputable in the community.

To learn more about this story, visit 3 Nebraska daycare workers accused of assaulting girls.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

n Nebraska and other States, parents entrust the safety and education of children to day care centers. Often times, a working parent have no other choice but to rely on day care centers while the parent earns a living to support the family. Day care centers can also be a great place to socialize and educate the child prior to Voluntary Pre-Kindergarten and Kindergarten. Nebraska day care centers have a both a legal and moral duty under the law to properly supervise and protect children enrolled in the program. Unfortunately and tragically in some instances, day care centers breach this duty. Shaken Baby Syndrome is caused when a child is shaken or otherwise suffers physical trauma can cause serious injuries to a small child's brain.

In Sarpy County Nebraska, a day care provider was recently arrested and charged with child abuse for what authorities believe is an incident of Shaken Baby Syndrome. Due to the severity of the injuries and concerns by State authorities, the day care license for this in home day care center was suspended per an emergency order. The incident was reported to the Sarpy County Sheriff's Office by the Children's Hospital and Medical Center - Omaha, Nebraska. The child who suffered the personal injuries is only 6 months old. The day care provider, Diane Honaker, was responsible for the care of 7 children in her home.

News reports did not provide details of how the incident took place or the details of the charges against the day care provider. Ms. Honaker will be entitled to representation by a Nebraska criminal defense attorney or a public defender. Shaken Baby Syndrome injuries often times occur when a caregiver gets frustrated with the crying or behavior of a child. Shaking the baby may quiet the baby but it can also cause serious irreversible brain damage to the child. The cries and annoyances of a child are no excuse for child abuse. Never ever shake a baby . . . every day care provider, child care provider, and parent should know this and follow this very basic rule of child care. You can read more about the Nebraska story at Day Care Provider Charged with Child Abuse of 6 Month Old.

When a parent is dealing with a child injury, there are many questions that arise and issues to handle. A great resource for parents is a book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. If you are a parent with questions about a child injury, you can get a free book by clicking here. Injured children have legal rights and can and should be enforced.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Omaha, Nebraska, a two vehicle car crash ended with damage into a day care center. Fortunately, no children in the day care center suffered any personal injuries as a result of this crash. The presence of day care centers just off of busy roads is another reason for drivers to exercise the utmost caution and care when driving in Omaha, Nebraska and other areas.

Automobile accidents that result in damage to day care buildings and facilities have been reported in various cities throughout the United States. The only way to prevent such incidents or reduce the number of such incidents is for drivers to obey the rules of the road including speed limits, turn signals, signs, and traffic. You can read more about this Nebraska story including a photograph of the automobile accident scene at Car Crashes into Nebraska Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A startling statistic is that death rates are twice as high in homes without working fire alarms. SAFE Kids USA reports that over one hundred thousand kids are hurt every year in the US in fire and burn incidents. These incidents are also the the third leading cause of death for children under fourteen years old. In sixty six percent of the cases where a child was injured or died from a residential fire, the fire alarms either weren't working or were simply never installed. Remarkably, statistics show that a working fire alarm reduces your chances of dying in a fire by fifty percent.

Making sure that the fire alarms in your home are working is incredibly simple and inexpensive to do. A Nebraska Fire Department spokesperson offered the following tips for making sure your home’s fire alarms are in working order:

• Fire alarms that are older than ten years old should be replaced.
• Batteries should be replaced twice a year, don’t wait for them to start chirping: pick a set of dates you are likely to remember and put them on your calendar.
• If your fire alarm does start chirping, DO NOT simply turn it off and plan to replace the battery “later.” Go to the store immediately and replace the battery right away.
• Consider installing hard-wired alarms, which are more reliable.
• Take extra care with cigarettes, home cooking equipment and space heaters.

Find out more ways to protect your child from fire and burn injuries at Change your clock, check your batteries.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nebraska day care centers adequate staffing is vital to the safety and educational needs of the children. In other words, it is important to have a sufficient number of child care workers in place to make sure that the individual needs of each child is met throughout the day. The State of Nebraska has instituted staff to child ratio standards for day care centers under the Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

Section 8-009.01 requires Nebraska child care centers to be staffed as follows:

6 weeks old to 18 months old-----1 Staff Member----- 4 Children

18 months old to 3 years old------1 Staff Member-----6 Children

3 years old-------------------- 1 Staff Member----10 Children

4 and 5 years old--------------- 1 Staff Member----12 Children

Kindergarten and older-----------1 Staff Member----15 Children

The owner, administrator and licensee should make sure that the day care center never exceeds the licensing capacity and complies with these staff to children ratios. Overcrowded and understaffed facilities frequently result in serious child personal injuries that could have otherwise been avoided with compliance with these standards. If a child has been injured due to improper staffing or other day care negligence, a Nebraska child injury attorney / lawyer can help advise parents and caregivers about the applicable laws, insurance, compensation, and other matters.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nebraska day care centers / child care centers must follow the rules and regulations located at Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

Section 8-012 covers disciplinary matters. Unfortunately, many children in Nebraska day centers are abused and neglected or suffered personal injuries as a result of negligence. Section 8-012 states that the center shall make sure that no child is left alone. Furthermore, no child shall be punched, shaken, pinched, struck with any object, bitten or spanked by staff members. Proper discipline would be a brief separation from the group. Staff members at Nebraska day care centers are prohibited from disciplining children by denying food, forcing naps, or using derogatory words or remarks. A child should not be punished for a toilet training accident or refusing to take medications. In Nebraska day care centers, the child's physical and psychological well being are both important and staff members should take every reasonable effort to make sure that the children are properly supervised and protected while in the center.
These rules and regulations cover the following: administration, staff records, staff qualifications, in service requirements, staffing, staff ratio requirements, meals and snacks, discipline, materials and equipment, outdoor play areas / playgrounds, infant care, child health, written permission and instructions, parental responsibility, transportation, and other matters. It is important for Nebraska child care and day care centers to follow these rules and regulations. Many of these rules and regulations help promote the health, safety and welfare of children in Nebraska day care centers. When a child is hurt or injured as a result of day care negligence, a review of the rules and regulations will typically show that one or more of these regulations were not followed. Parents and caregivers in Nebraska should read these rules and regulations to make sure that their children's day care facility is properly following the law and properly supervising the children. When children are negligently unsupervised or inappropriately disciplined, injuries result that would have and could have been avoided.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Working parents in Nebraska must rely on child care centers and day care centers to provide supervision, care and education to their children from infants to toddlers to school aged children. The Nebraska Department of Health and Human Services provides licensing information to parents, caregivers, and others who want to obtain or research information on a child care center, day care center, health care providers and others. Go to the Official Website for the Nebraska Department of Health and Human Services - Licensing Information. You can look up a day care center / child care center by name or city. Information posted includes name of the facility, license number, license type, hours of operation, subsidization status, and disciplinary actions by the State of Nebraska. All parents should research a day care center before enrollment. I recommend that parents obtain the online information. In addition, parents should visit the day care center, interview the owner, interview employees, and speak to other parents with children in the day care center.
Nebraska day care centers / child care centers must comply with criteria, rules, and regulations set forth by the Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

These rules and regulations cover the following: administration, staff records, staff qualifications, in service requirements, staffing, staff ratio requirements, meals and snacks, discipline, materials and equipment, outdoor play areas / playgrounds, infant care, child health, written permission and instructions, parental responsibility, transportation, and other matters. It is important for Nebraska child care and day care centers to follow these rules and regulations. Many of these rules and regulations help promote the health, safety and welfare of children in Nebraska day care centers. When a child is hurt or injured as a result of day care negligence, a review of the rules and regulations will typically show that one or more of these regulations were not followed. Parents and caregivers in Nebraska should read these rules and regulations to make sure that their children's day care facility is properly following the law and properly supervising the children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Nebraska day care centers / child care centers must comply with criteria, rules, and regulations set forth by the Nebraska Department of Health and Human Service - Title 391 Nebraska Administrative Code- Child Care Licensing - Chapter 8 - Child Care Centers.

These rules and regulations cover the following: administration, staff records, staff qualifications, in service requirements, staffing, staff ratio requirements, meals and snacks, discipline, materials and equipment, outdoor play areas / playgrounds, infant care, child health, written permission and instructions, parental responsibility, transportation, and other matters. It is important for Nebraska child care and day care centers to follow these rules and regulations. Many of these rules and regulations help promote the health, safety and welfare of children in Nebraska day care centers. When a child is hurt or injured as a result of day care negligence, a review of the rules and regulations will typically show that one or more of these regulations were not followed. Parents and caregivers in Nebraska should read these rules and regulations to make sure that their children's day care facility is properly following the law and properly supervising the children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, caregivers, guardians, teachers, day care workers, and others have a duty to make sure that child are properly restrained when riding in motor vehicles including cars, trucks, buses and vans. In most States, children and toddlers must be restrained in an approved baby seat / child seat. In Omaha, Nebraska, an automobile accident recently took place that could have easily ended the life of an infant. Mima Inchin was holding an infant's car seat at the time of the automobile accident. The seat was not properly secured. As a result thereof, the child was ejected 25 feet after impact. Police later charged Ms. Inchin with child neglect and abuse. Even though the child did not suffer any serious personal injuries, police officials and the district attorney have charged Mima Inchin with this crime. This story shows the importance of properly securing a baby seat / child seat before getting on the road. This child could have easily suffered serious personal injuries, brain damage, and even death. The child, Angel Flores, is extremely lucky. Hopefully, Angel will be safeguarded against injury in the future by making sure that her baby seat / child seat is secure. You can read more about this story at Nebraska Woman Charged in Crash that Resulted in Ejected Infant.

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.