Child Injury Lawyer Blog

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.