June 25, 2014

What if a Child is Improperly Restrained and Abused at a Day Care Center?

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

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In Texas and other States, day care and child care providers have a duty to provide supervision in a safe, nurturing educational environment for children. While many child care providers do an excellent job in supervising children in a day care centers, some child care providers are just in the wrong field of work, lack common sense, and often put their own needs and selfishness over the best interests of the children. There have been a number of reports across the United States of abuse and neglect in day care centers. One recent report involved a Fort Worth area day care center Heart2Heart Montessori Academy. It was reported by a various news and media outlets that a child was duct tapped down to a mat during nap time while wrapped inside a blanket. The child was only 3 years old. The photographs that circulated around town and through the Internet are quite disturbing especially considering that the child was enrolled in a licensed day care center charged with the safety and well-being of this young child. You can read more about this case at 3 Year Old Duct Taped to Mat in Blanket - Fort Worth Texas.

What if a child is improperly restrained and abused at a day care center? There are three basic legal proceedings that may result from such acts including but not necessarily limited to the following:

1. Criminal Proceedings. If the local district attorney's office and law enforcement believe that the acts were intentional and / or reckless in nature, a child care worker can be arrested and duly prosecuted for his or her criminal acts. The burden in these cases will be upon the State to prove beyond a reasonable doubt that the elements of a crime as defined by State Law were met and proven by the presentation of the evidence. As a result of a criminal proceeding, a person may be assessed a fine and a time period of probation and / or incarceration.

2. Administrative Proceedings. A day care center may be subjected to fines, licensure probation and suspension, and / or other penalties by the State agency charged with the licensure and regulation of the day care center. In these proceedings, jail time or prison time is not part of the administrative case. In addition, compensation for the victim is not typically addressed through these proceedings.

3. Civil Claim and / or Litigation. A parent of an injured child can seek compensation for the damages or injuries caused by the improper restraints and abuse. If there are no serious physical injuries resulting from the bad acts, it may prove difficult to show the extent of damages or emotional harm caused to the child especially if the child is very young. Furthermore, it may be quite challenging to show the lasting impact of the restraints and / or abuse without the benefit of expert testimony from a mental health counselor, therapist, or other professional who has evaluated the child over a time period following the incident.

It is important for a parent to seek legal advice to determine the applicable rights of the injured child. There are many moving parts to representing a child in cases of this nature. As such, it is important to contact a Child Injury Lawyer as soon as practicable to discuss the potential case and the recommended acts and documents that will be needed to move forward with 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, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

December 24, 2012

What Should be Done if a Child is Assaulted on a School Bus?

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

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Children, being transported on school buses, should be safe and well supervised. At times, children suffer personal injuries while being transported on school bus. Some are injured as a result of a school bus accident that is the fault of the school bus driver, another driver, or both drivers. In addition to traffic accidents, children are, at times, injured as a result of being assaulted on a school bus by another student, an aide, and, yes, even the driver. School bus video surveillance is a helpful tool in determining and investigating the course of events that take place on a school bus. It certainly is not an easy job to drive or work as an aide on a school bus. However difficult it is, the school bus driver, aides, and employees need to have patience with children, who will at times misbehave and be otherwise defiant.

In Cedar Park, Texas, a former Leader ISB school bus driver was recently arrested and charged with injury to a child. It was reported that former driver - Helmut Derer - was charged in connection with an incident that took place on the school bus involving a 9 year old student. There was a video that at least showed part of the incident that took place. You can read more about this incident at Former School Bus Driver Arrested for Incident that Took Placed on Texas School Bus.

As noted in the above story, a video can be quite powerful evidence as part of a school bus incident or investigation. If a child has been injured on a school bus, a parent should immediately request an incident report and also request that any surveillance video be preserved and maintained as part of the investigation into the incident.

When a child is injured, a parent is often faced with many issues and challenges. David Wolf is a child injury lawyer and child safety advocate who has authored four books focusing on child safety and injury matters. One book is titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. This book has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, Medical Care and Treatment, and other topics. You can get this book for free at The ABCs of Child Injury. Another good resource for parents is the book - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident. This book has chapters on Insurance Coverage, Automobile Accidents, School Bus Transportation, and other topics. You can get this book for free at When the Wheels Stop Spinning.

October 22, 2012

What If a Child Is Injured by a Teacher, Aide, Child Care Provider, or Day Care Worker?

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

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In Texas and other States, children are enrolled in schools, day care centers, after school supervision, sports leagues, and other programs. While enrolled in these programs, children should be supervised in an environment that promotes their education, safety, and well being. The teachers, aides, coaches, and others should be subjected to background checks. Furthermore, they should act professionally and have the proper demeanor and attitude to work with children. It takes a certain disposition and personality to work with and supervise children. Some have what it takes to properly care or and supervise children while others do not. Unfortunately, children are often injured by the very people who are employed to care for them. When a child is injured at a school, day care center, after school program or other program / facility, there are often challenges and issues to the case or claim. Because of these challenges and complexities, it is often times helpful to consult with a Child Injury Lawyer for advice and legal representation.

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

In Copperas Cove, Texas, a 4 year old student was reportedly injured by a pre-kindergarten school teacher at Parsons Elementary School. It was reported that the first year teacher grabbed the child and drug him to the door. The teacher faces criminal charges for the alleged inappropriate disciplinary acts. You can read more about this story at Texas Teacher Facing Criminal Charges for Injuring 4 Year Old Child.


October 18, 2012

Can a Bus Driver Be Charged with a Crime for Leaving a Child on a School Bus or Day Care Center Van?

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

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In Texas and other States, school bus drivers and day care center van drivers have a duty to drive in a safe manner, to obey posted speed limits and traffic control devices, to supervise the children being transported, and to make sure that children are removed from the bus after arrival at school or the intended destination. It is a relatively simple act to remove children from the bus after arrival at the school, day care center, or intended destination. The school bus driver / day care center van driver should do a visual inspection and then walk through the entire van or bus checking each seat and row for children.

At times, children will hide, fall asleep, or just remain seated after arrival at the destination. It can be very dangerous for a child to be left unattended in a vehicle during hot summer months as well during cold winter months. Furthermore, the lack of supervision of a child on a bus can lead to other problems or dangers for the child including but not limited to strangulation, choking, health issues, and, yes, abduction. The purpose of school and day care transportation is to provide the children with a safe mode of transportion by schools, day care centers, and drivers with experience with children.

Most drivers do the job very well. While others fall short on occasion which, in turn, puts a child at danger. Some children suffer serious personal injuries when left unattended and unsupervised on a school or day care center van or bus.

ABC News and other news outlets recently reported on a story that took place in Houston, Texas. It was reported that a 9 year old boy was mistakenly left unattended on a school bus after a morning route. While the boy was scared, it does not appear that he suffered any serious personal injuries as a result of the incident. The child was fortunately found before any serious harm took place. The bus driver, Simona Alcaide, was arrested by police and charged with the felony charge of endangering a child. For more information regarding this incident, see Bus Driver Arrested in Houston for Leaving a Child Unattended on the School Bus.

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

October 7, 2012

What Should a Parent Do If a Child Is Injured by a Teacher or Aide at a Public School?

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

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In Texas and other States, children, at times, suffer injuries as a result of the negligent and / or intentional acts of teachers, aides, child care providers, and others in schools and day care centers. Children should be cared for and educated in a learning environment that is geared towards the best interest of the children. Acts involving hitting, punching, pushing, shoving, or corporal punishment really have no place in schools and day care centers. While corporal punishment is still allowed in some schools and jurisdictions, it is often over used and / or excessive to the point that it causes physical injuries to the child or injuries that require medical care.

Teachers, assistants, and day care providers should be extremely patient with children. It is well known that children will misbehave from time to time. Some may not follow instructions. There are many actions that can be taken when a child misbehaves; however, a teacher or aide should never hit or strike a child. In some schools and jurisdictions, corporal punishment is allowed under local laws. Many teachers and administrators are too harsh with the use of corporal punishment and, at times, injure or leave marks on the child. When a child is injured through the negligent or intentional acts of a teacher, aide, or administrator at a school or day care center, the parent should seek advice from a Child Injury Lawyer to determine the respective rights and remedies of the injured child.

In East Texas, it was reported that a 4 year old (Alexander Normet) was injured at school. There were conflicting stories or accounts as to how the incident happened. The school initially told the parents that the boy had fallen and injured himself. The boy reported to his parents that a teacher pulled the boy's leg out from underneath him and caused him to fall back onto a file cabinet. Due to the severity of the injuries that required medical care and the conflicting stories, law enforcement is investigating this incident further. You can read more about this story at Parents Upset at School Where Injury To Place - 4 Year Old Suffers Personal Injuries.

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, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

September 10, 2012

Why Are Transporation Regulations and Safety Procedures Important for Children Enrolled in Day Care Centers?

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

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In Texas and other States, schools, day care centers, and / or bus companies transport children to and from programs and activities. Whether it is the regular morning pick up or a field trip, it is vital that the drivers, attendants, and all others involved with transportation follow safety regulations, school / day care policies and procedures, and just some basic common sense as well. Transporation laws, regulations, and policies all serve an important purpose of providing for the safety and well being of children being transported by day care centers, schools, and bus companies. Occupancy limits should be followed and seat belts should be worn when available on the school bus van or bus.

Parents should ask the school and van for a copy of the day care center / school policies and procedures for transportation. Thereafter, parents should ask their children if these policies and procedures are followed. In addition, parents should observe the bus or van from time to time to make sure that safety measures and procedures are being followed by the driver and attendant.

Unfortunately, some schools and day care centers fail to follow safety rules, laws and regulations. Some facilities and schools overcrowd a bus or van beyond the occupancy limits and fail to maintain proper control and supervision of the children on the school bus or van. When there is an accident, injuries are caused by the lack of safety regulations and / or seating for the children.

In Houston, Texas, a day care center van was involved in an accident that sent 16 children to a local hospital. It was reported that by the Texas Children's Protective Services that there were 18 violations in connection with an accident that took place on July 9, 2012. The van had an occupancy limit of 15 seats but was carrying 16 children and two adults at the time of the crash. Only one child was in a booster seat despite the need for several other children to be in booster seats. For more information regarding this accident, see State of Texas Shuts Down Day Care Center.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

August 1, 2012

Can Criminal Charges Result from Day Care Negligence or Neglect?

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

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In Texas and other States, incidents that take place at day care centers or as a result of day care center negligence or neglect can and do result in the criminal prosecution of the employees and / or administrators of the day care center. In most States, a person can be arrested for reckless conduct that is not intentional in nature. A good example is a DUI crash involving injury. The DUI driver did not necessarily intend to run over the pedestrian but the DUI driver was certainly reckless in driving under the influence of alcohol. In this case, the driver was reckless and can be arrested and prosecuted for crimes related to the pedestrian / automobile accident.

When the acts of day care workers and / or administrators lead to the serious injury or death of a child and the acts can be considered reckless in nature, a criminal prosecution may be pursued by the sheriff's office, police department, and the State Attorney / Prosecutor. It should be noted that a parent or guardian can still pursue a civil case or claim for personal injuries whether a criminal case is pursued or not by the governmental authorities.

A recent incident that took place in Dallas, Texas has resulted in the arrest of a day care center worker. It was also reported that the day care center - Little T's Tiny Tots - has been temporarily closed pending the investigation into the unfortunate the tragic death of Benjamin Price. Sadly, Benjamin died as a result of hyperthermia / heat stroke associated with being left unattended after a movie field trip in the day care center van. You can read more about this story at Dallas Texas Day Care Center Temporarily Closes - Day Care Center Van Driver Arrested.

July 24, 2012

What Are the Legal Responsibilites of a Texas Day Center on Field Trips ?

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

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In Texas and other States, day care centers have the duty to provide timely and consistent supervision of children enrolled in the day care problem. The day care center and staff should properly monitor and account for the children during activities inside the facility, outside the faciliuty, and during field trips. The transportation of children enrolled in Texas day care centers and summer camps can lead to serious personal injuries if there is careless driving on the part of the day care center van driver or other drivers on the roadway. Transporation can also involve the risks of children left behind in the van especially during the sweltering heat of summer. Tragically, a number of children have died as a result of being left behind in a day care center van or school bus. Many day care care center employees, owners, and administrators do not realize the risks associated with leaving a child unattended in a hot vehicle even for just a few minutes. While there are van and bus alarms that can be installed to remind the driver and attendant to clear out the van or bus, there is also a simple process or procedure that can be and should be used during each and every list. It is called a checklist. The use and consistent completion of a checklist can and does save lives. Each child transported on the field trip should be on the list. Roll call should be taken when the bus or van stops at its location. Thereafter, another roll call should be completed when all of the children have exited the van or bus. In addition, it makes sense as a safety precaution for the driver and an attendant (if available) to each do a visual sweep of the entire van and bus at all stops and destinations.

A recent day care center tragedy was repored in Dallas, Texas, It was reported that Benjamin Price, a 3 year old boy, who was attending the Little T's Tiny Tots Day Care Center died as a result of being left in the day care center van on a hot summer day. Earlier that day, Benjamin and other children enrolled in the day care center program went on a field trip to a local movie theater. He returned to the van after the movies and then fell asleep in the van. Thereafter, Benjamin was left on the bus. It was not reported how long he remained unattended on the bus but it appears that he was long enough for Benjamin to suffer medical complications which appear to be associated with Hyperthermia. Due to the circumstances surrounding the death of this child, an autopsy may be performed to determine the cause of death and if there may have been other medical conditions or causes of death other than those related to being left in the hot day care center van. You can read more about this tragic story at 3 Year Old Boy Dies After Being Left in a Texas Day Care Center Van.

The death of Benjamin Price is certainly a tragedy for his family. It is also a tremendous loss for the extended family, friends, and community.

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, Medical Bills / Medical Treatment, and other topics. You can get this book for free at The ABCs of Child Injury.

June 20, 2012

Can Video Surveillance Be Used as Evidence Against a Day Care Center Worker and Facility?

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

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In Texas and other States, children are the unfortunate and tragic victims of abuse and neglect a day care centers. While many incidents are reported and investigated by local law enforcement, many such incidents go unreported and are hidden from the parents of the abused and neglected child. With technology and other advances, many day care centers now have video surveillance in the facility. Many day care centers even offer parents a portal during the day so that parents can log in and view the day care center activities and child care. Video surveillance often times is effective in helping the day care center owner and parents monitor the care provided by the day care center employees, staff, and volunteers. One would think that the presence of video surveillance would deter the imposition of unauthorized and abusive corporal punishment and other harmful acts of day care center employees and staff. Even with video surveillance in place, some employees still abuse and neglect children even with a camera pointed at them. It may be that the employee did not know that video surveillance was in place or had forgotten about the presence of video surveillance.

It was reported that a lead teacher at the Becky Gates Children's Center - Texas A & M University may be facing Texas criminal charges after being filmed on video surveillance harming a 4 year old child enrolled in the day care program. In particular, the day care center employee allegedly grabbed the back of the child's neck and pulled the child's hair. There may have been other incidents of physical abuse - neglect of the children involving this particular day care center employee. The district attorney's office and the Texas A & M Police Department are involved with this criminal investigation and possible prosecution of these crimes against a child. See Teacher Arrested for Injuries to a Child - Texas A & M University.

Children enrolled in a day care center have a right to be supervised in a safe and nurturing educational environment. When a child is abused or neglected in a day care center, action should be taken to protect the child and report any criminal conduct to the local law enforcement and social welfare agencies.

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, Medical Treatment / Care, Child Abuse, and other topics. Get this book for free at The ABCs of Child Injury.

February 21, 2012

What If a Child Consumes Poison, Bleach, or Other Harmful Substances at a Day Care Center?

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

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Day care centers and child care centers have a duty to provide a safe and clean educational environment to the children. It is important that day care centers and their staff members keep poisons and toxins away from the reach of children. It is well know that children are curious and do not always recognize a food item / drink from a poison or toxin. At times, day care providers mistakenly serve poisons or toxins to children under the care of the day care center or child care center.

It is important for a day care center to take precautions to either remove poisons or toxins from the day care center or in the alternative keep toxins or poisons in a safe and secure location. This goes the same for medications and foods that may cause a small child to choke.

In addition to the above, it is important for a day care center to have policies and procedures in place when a child consumes or comes in contact with a poison or toxin. The policies and procedures should be in writing and each and every staff member should be trained in poison and toxin control as well as emergency procedures. The applicable State and local rules and regulations should also be studies and followed as well.

When a child suffers an illness, poisoning, or choking episode due to the negligence of a day care enter, a parent is often times faced with many challenges and concerns. At these times, it is often helpful to consult with a Child Injury Attorney for advice and legal representation. 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, Medical Treatment / Medical Bills, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

A news story was recently reported involving a Gonzles, Texas day care center. The State of Texas Department of Family and Protective Services was reported that a Gonzales may have served the children water stores in milk jugs. There may have been diluted bleach contained in the jugs. Children may have consumed the diluted bleach. See Day Care Center May Have Served Children Diluted Bleach in Milk Jugs.

February 6, 2012

Dangers of Scalding Water to Children - Risk of Serious Personal Injuries to Children

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

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In most houses, apartments, mobile homes, and other residences of children, there is an area of the home that is often times the location of serious injuries and in some cases - the death of the child. This location is the bathroom. There are a number of dangers that can be present in the bathroom including the following:

*the bathtub (risks of drowning);

*the medicine cabinet (risks of poisoning); and

*the faucet - bathtub or sink (risks of scalding injuries).

The mechanism of injury may be intentional or unintentional. With respect to intentional injuries, the child is the victim of child abuse, child neglect, or excessive and inappropriate corporal punishment. Parents should never use excessive hot water to scald the child as a form of punishment. Furthermore, parents should not dunk or hold a child's head under water to teach the child a lesson. These acts put the child at risk for serious personal injury and, in some instances, even the wrongful death of a child.

In some instances, the injuries are caused by the unintentional acts of a parent, teacher, day care provider, or other child care provider. A moment of inattention can lead to serious personal injuries or wrongful death. It is important that children are properly supervised so that injuries are preventable and avoidable. As noted above, there are many areas right there in a bathroom that can lead to serious personal injuries to a child.

In Lubbock, Texas, it was reported that a man was arrested for scalding a 3 year old in a bathtub. It was reported that the man was accused of intentionally placing the 3 year old in the scalding water. The burns covered 35 % of the boy's body. The child required extensive medical care and treatment for these serious personal injuries. See Lubbock Texas Man Arrested for Scalding Water Incident and Related Injuries.

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

January 27, 2012

What Are the Dangers, Risks and Liabilities of Trampolines?

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

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In Texas and other States, trampolines are often seen in most communities. For the most part, trampolines are a source of fun, entertainment and exercise for adults and children alike. Unfortunately, many children are injured every year due to trampoline accidents and injuries. Some incidents are avoidable with safety precautions and adult supervision while others are not. While trampolines are quite common, they should still be considered dangerous when used in an unsafe manner and / or when the trampoline is not properly maintained or equipped. Often times, a child injury lawyer can help the injured child and the family pursue damages for medical bills, pain, and suffering when there is a trampoline personal injury.

Here are some safety tips to keep in mind:

1. Parental Supervision. Some parents prefer that a child refrain from using a trampoline. Each parent has his or her different thoughts and philosophies on parenting and safety. Because of this, it is important to get the permission of the parent before allowing a child to use a trampoline.

2. Inspection of the Trampoline. Make sure that the trampoline is properly maintained and in good repair. Also, make sure that there are not items or objects in or around the trampoline that could cause injury.

3. Safety Precautions. It is helpful to have a net around the trampoline to help prevent falls off the trampoline. The barrier comes with many trampolines or can be added to an existing trampoline.

4. Supervision. The maxim - "Kids will be kids" - applies to trampolines and other recreational activities. Children are best served with adult supervision to make sure that the children follow the rules and play safely. What may seem like an innocent or harmless wrestling match or move can lead to serious personal injuries.

5. Age and Occupancy of the Trampoline. Make sure that the number of children on the trampoline does not exceed manufacturer recommendations. Furthermore, the age and size of the children should be considered when using the trampoline. A couple of rowdy teenagers should not be on the trampoline with a four year old.

Following the above safety measures and using common sense can go a long way to preventing personal injuries from taking place when using a trampoline.

It was recently reported in Vidor, Texas, a 12 year old boy (Everett Williams) was injured when he fell off of a trampoline. He was taken by air transport (medical helicopter) for treatment and evaluation at Christus Hospital Elizabeth - Beaumont, Texas. It was reported that the boy fell off of the trampoline and that there was no protective net in place. See Vidor Texas Boy Injured in Trampoline Accident.

It can be quite a challenge for a child when there is a serious personal injury. The challenge also extends to the parents and caregivers. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowner's Insurance, Sports Related Injuries, Damages / Compensation, Medical Bills, and other topics. You can receive this book for free at The ABCs of Child Injury.

January 25, 2012

Who Is Running Your Child's Day Care Center? What Are the Risks to Children?

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

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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.

December 8, 2011

Texas Child Hit by Driver While Walking from School Bus

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

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In Texas and other States, drivers should exercise the utmost of caution when driving in or near an area of school bus stops. School buses are typically large, yellow vehicles that are easily seen. When a school bus stops, it should be obvious to all drivers in the area. Unfortunately, some drivers ignore the obvious presence of a school bus and put children in danger by reckless and careless driving. As a result thereof, children suffer serious personal injuries when they are hit by a vehicle in or near a school bus stop zone. See Texas Child Struck by Driver While Walking from School Bus.

A driver was recently arrested and charged with a hit and run collision after he hit a child walking home from school after getting off of a school bus. Ivy Pilgreen, a 1st grade student from Silsbee, Texas, suffered serious personal injuries and required care at the UMTB pediatric unit.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment / Medica Bills, Damages / Compensation, and other topics. A parent or other interested person can receive a free copy of this book at The ABCs of Child Injury.

September 9, 2011

Van Alstyne Texas Day Care Center Owner Accused of Mixing Drugs with Milk for Nap Time

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

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In Van Alstyne, Texas, a day care center owner was accused of putting drugs in the milk of the children for nap time. It was reported that Kimberly Lane - owner of the Texas Day Care Center - Luv N Learning Day Care - mixed an over the counter (OTC) medication - antihistamine - in the milk. The medications were reportedly crushed and then put in the "special milk". Fifteen children were enrolled in the Texas Day Care Center. The ages of the children in this child care center ranged from 20 months to over 4 years old. It was reported that other abuse / neglect also took place this Texas Day Care Center.

In Texas and other States, day care centers and their employees have a duty to provide each child with a safe and clean learning environment. Medications should not be given without the written consent of a parent and without a proper order from a licensed physician for prescription medications.

Drugging a child to make the child drowsy or sleepy is certainly not in the best interests of the child. It also can be dangerous as some children are allergic to many common medications. There is also a risks of overdose and health hazards when a child is given a medication without the knowledge and consent of the parent and the child's pediatrician. You can read more about this story at Texas Day Care Center Owner Accused of Drugging Children for Nap Time.

August 26, 2011

Texas Child Protective Services Tips for Parents Evaluating a Day Care Center

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

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“Parents can never be too careful when it comes to leaving their child in the hands of any child care provider, whether it is a day care provider or a home care provider,” CPS spokeswoman Shari Pulliam said.

The Child Care Licensing Division of the Texas Department of Family and Protective Services, which sets and enforces minimum standards and rules to ensure the health and safety of the children, regulates both day care providers and home care providers.

Pulliam said that while unregulated child-care might be convenient and cheap, it is not the way to go. Unregulated day cares mean no inspections, no training, no enforcement of basic health and safety standards, and no records.

Furthermore, the director of Lufkin’s Comfort and Joy Preschool, Libby Wojasinski, said parents should know the difference between “listed, registered, and licensed child care providers” before choosing a day care center fit for their child.

Listed home and childcare centers for one to three unrelated children must submit an application and pass background checks. They are not inspected unless a report is filed claiming abuse or neglect.

Registered home and childcare providers for 12 children or more must meet training requirements and pass background checks. They are inspected every one to three years.

Larger licensed home and childcare centers must conduct orientation, regular training, and publish standards and inspections every five to 12 months.

The CPS website lists all Texas home and childcare provider information. Anyone can insert their zip code and research the day care center of their choice. When researching a day care center be sure to separate minor infractions from serious infractions. For instance, not having tweezers in a first aid kit might not be that much of a problem.

Wojasinski also recommends talking to other parents for information about childcare services. In addition, she says parents should walk in the actual day care centers, look around, and observe the atmosphere of the place. “Is it clean, organized, happy?” Are kids playing, interacting, and learning?

Last year, 1,800 reports of abuse or neglect were reported in the state of Texas alone. Out of these 1,800 reports, adverse action was taken in 524 cases. With so many childcare centers being reported for abuse or neglect, it is important for parents to research the childcare centers prior to sending their children there.

For more information, see CPS reminding parents to do their child care homework.

August 7, 2011

Incidents of Child Eye Injuries Increase Over the Summer Months

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

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Doctors in Texas believe that incidents of child eye injuries increase during the summer months. Doctors in Permian Basin said it could be anything from the lack of adult supervision to the lack of safety eye wear that contributes to an increase of child injuries under the age of 16.

Isai Garay, 12-years-old, lost his vision in one of his eyes due to a BB Gun accident at a friend’s house. He was cleaning the gun and thought it was unloaded. Garay pulled the trigger and the be-be came out, which caused him to go legally blind in one eye. His mother, Maria Garay, said that the thought of her son not being able to see out of one eye gave her chills. Doctor Gerado Escobedo performed cataract surgery on Garay, which helped him to see again.

Garay was one of the hundreds of children that come to the clinic during the summer with eye-related injuries. Doctors said there is a five percent increase during the summer with cases involving eye injuries similar to Garay. Escobedo said that sports injuries are also reasons for eye-related injuries. He said, “Most of the time you don’t wear something until you have an eye poked out.” Fortunately, 90 percent of these eye injuries can be prevented if proper safety precautions are taken. For more information on this topic, see Child Eye Injury Increase During the Summer 7/22/11.

July 27, 2011

Shooting at Grand Prairie, Texas Roller Rink Leads to Death of Six People and Personal Injuries to Others

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

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The Forum Roller World, 1900 S. Great Southwest Parkway - Grand Prairie, Texas, was the scene of what started off as a private birthday parties and ended with the shooter taken not only his life, but the lives of six others and injuring four additional guests. According to police Chief Steve Dye, an argument between a husband and wife resulted in a family member drawing a pistol. Grand Prairie police spokesman John Brimmer, stated matters escalated when the man pulled a gun and started shooting. The call for help came in at 7:10pm with officers arriving only 90 seconds later. By the time the officers entered the building the roller rink, the shooting had stopped.

Witness, Aaron Feldt of Grand Prairie, Texas was one of the onlookers from across the street and stated "I saw family coming from across the street looking panicked. They had children along with adults. You could tell there was a sense of urgency and panic in their eyes". Mr. Feldt also stated "There's just no cause for this...its real unfortunate".

Chief Dye stated his department was working to contact the victims’ families and offered this "Our thoughts and prayers go out to the victims and their family". Spokesman Brimmer stated the victims, all adults were Vietnamese. As of Saturday evening the ages and identities were withheld until the next of kin could be notified.

Brimmer stated that all witnesses were taken to police headquarter for questioning and that crisis counselors would be on hand to help those affected. “We’re going to assist the family and anybody else who attended to help them overcome this terrible situation”. Fortunately, this was a private party and no outside patrons were involved.

Pam McDonald of Grand Prairie visits the roller rink once a month and offered this “I’m shocked; really shocked that something like this would happen…it’s so close”. Bryon Raspberry, a father with children ages 4 to 15, lives near the rink which is located in a warehouse section near Interstate 30 and State Highway 360 said “This is sad man…my kids come up here a lot. We come all the time”. He also said “it does not make any sense…I don’t feel safe at all”.

Police set up a mobile command center outside the scene and as of 9:30pm the bodies of the victims remained inside while investigators worked the scene. Police Chief Dye stated it was unclear the number of people inside the roller rink at the time of the shooting, but that “We’re still working all the numbers and interviewing quite a few witnesses”.

Amusement parks, bowling alleys, roller rinks, and other locations should be sites of joy and celebration especially for families and children. Unfortunately, tragedies often times occur at these locations that result in serious personal injuries and death of innocent people including children. An amusement park, bowling alley, and roller rink are not proper venues for gun play or violence. These recreational and amusement locations should be places of safe haven for adults and children rather than sites of violence, personal injuries, and death.

See 5 Killed in Grand Prairie Roller Rink Shooting in Texas.

July 4, 2011

Police Investigate Report of Child Abuse at Mineola Day Care Center

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

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Police in Mineola, Texas, are investigating a report of child abuse occurring at a local day care center, Guiding Light Childcare. According to the Mineola Police Department, the incident came to light after the mother of the child involved filed the complaint with local police. The mother's complaint was filed after a former employee at Guiding Light Childcare posted a video of the incident on a social media website. Although no charges have been filed against the employee, the case is under investigation. However, Guiding Light Daycare has confirmed that the center has since let an employee go in regards to this incident, the center is cooperating with police. For more details, please read Child abuse complaint filed against Mineola, Texas, day care center.

Acts of abuse committed against children, whether physical, emotional or psychological, is a heinous crime, which could have lifelong consequences for the child victim. Incidents of child abuse can continue for a long duration of time, mainly because the abuse is unknown to others and is kept secret. However, if you are suspicious that someone is abusing a child please contact local authorities immediately. Filing a complaint with local officials will instantly prompt a criminal investigation and have the effect of stopping further of acts of violence and/or abuse.

June 28, 2011

Pour Boiling Water on a Child . . . Go to Prison for 25 Years - Mother Sentenced in Beaumont Texas

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

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Parents need a driver's license to operate a motor vehicle but there is no such license or test to be a parent. Unfortunately and tragically, some parents are unfit and actually take affirmative action to harm a child. In Beaumont, Texas, a mother was sentenced to 25 years in prison for the heinous acts of pouring hot boiling water of her 5 year old daughter's feet. The abuse caused severe burns to the child that, in turn, necessitated extended medical care and treatment for the personal injuries. The mother was arrested and eventually pled guilty to child injury charges. The child will need more skin grafts as she grows older. Hopefully, the child will be cared for in a more supportive and loving environment than the one that was provided by her mother. See Mother Behind Bars for Pouring Boiling Water Over Daughter in Beaumont, Texas.

 
 
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