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By David Wolf, Child Injury Lawyer

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Day care centers are commonly used by families all over the country.  Parents assume that children are being cared for in a supportive learning environment by caring child care providers. Child care workers are expected to be responsible, dependable, and patient.  Training should be completed pursuant to state and local day care regulations for each worker to to being officially employed by the day care center.

Video surveillance at a day care center can help document many incidents that in the past were “swept under the rug” or hidden by the day care center.  Without the benefit of video surveillance, many incidents of child abuse were kept quiet. Day care center workers would claim ignorance, “I do not know what happened.”  Alternatively, the day care center worker would make up a story, “Johnny fell while running on the playground.”

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By David Wolf, Child Injury Lawyer

Duct-Tape-300x202In day care centers in Missouri and across the nation, children are unfortunately subjected to various forms of corporal punishment in day care centers.  Most states have a prohibition according to the day care center government regulations against corporal punishment.  Despite these regulations, some day care center workers, for some reason or no reason at all, subject a child to corporal punishment.

In St. Louis, Missouri, there was a lawsuit filed against the Zion Lutheran Church, its daycare, and its employees, for the alleged abuse of a four-year-old girl. It was reported that the teacher at the daycare wrapped the child’s legs in duct tape after saying “I have some shiny red duct tape with your name on it.” The child admitted to running around when she was supposed to be napping, which is said to be the reason the teacher put duct tape on her legs in the first place. After the tape was put on, another member of the staff told her the tape would be removed when she behaved, which shows it was intended as a means of punishment. When the parents addressed the situation to staff, the situation was laughed over, and comments were made about how hyper their daughter can be.  It was reported that the daycare teacher has been said to have used duct tape as a means of controlling a child with two much energy. As a result, this family’s lawsuit alleges false imprisonment and assault, among other things, and is seeking over $25,000 in damages.  It should be noted that many courts have jurisdictional amounts or thresholds. In other words, an action can be pursued in a particular court if the amount in controversy if over a certain amount of money.  As such, in many cases, it is difficult to determine from the pleadings alone the amount that is ultimately being sought by the plaintiff / family of the injured child.

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By David Wolf, Child Injury Lawyer

Day-Care-Playground-300x233Day care centers are commonly used by a families in need of child care due to work or personal commitments.  There are millions of single parent households and dual income households which necessitate the use of day care centers / child care centers to supervise children during the work day.  When a parent or guardian checks their child in to a day care center, they are putting their trust in a facility that should be trustworthy. The day care should be providing an environment which is safe and comforting for the parent, consisting of abundant supervision. It is reasonable for parents and guardians to expect that a day care center will provide a safe, loving, and educational environment for their children.  Personal injuries result from carelessness, negligence, and just a lack of common sense in many instances in day care centers.  Furthermore, some injuries result from intentional acts and let’s face it – just the shear stupidity of some child care providers who, at times, put their own interests ahead of those of the children.   In New Jersey, it was reported that two day care workers were encouraged and filmed a  Fight Club type of activity with the children enrolled in the day care center. Certainly, it is careless and reckless to encourage children to fight at a day care center or any other school or summer camp.

There are four elements that must be established for a strong claim against a day care center:

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By, David Wolf, Child Injury Lawyer

Teddy-Bear-300x289In Arkansas and other States, children enrolled in day care centers and other summer programs are at risks for injury and death during transportation and services.  There is a simple way to prevent these hot car deaths and hot van deaths from taking place.  In fact, these injuries and deaths can be avoided with a watch eye, clipboard, attendance list, and a pen.  It is vital that all day center providers and summer camps take roll call whenever the van, bus, or vehicle is loaded or unloaded.  All children must be accounted for at all times.  Furthermore, whenever a bus, van, or other mode of transportation is stopped without supervision onboard and without proper ventilation and air conditioning, there should be a physical and verbal sweep of the bus, van, or vehicle to make sure that all children are off the bus.  What happens when a child is left on a bus, van, or other vehicle during periods of warm or hot weather?  Well, the headlines speak for themselves when there is a report of yet another hot van or hot bus death involving a school, summer camp or day care center.

In West Memphis, Arkansas, it was reported that 5 year boy (Christopher Gardner Junior) died as a result of being left in a day care center van. It was reported that the temperature in the van once the vehicle was turned off reached 141 degrees Fahrenheit.  Tragically, Christopher was left on the van for 8 hours when he was finally located in the afternoon.  Certainly, this was a tragic event and day for Christopher’s family, extended family, friends, neighbors, and the community.  It was also reported that Christopher was signed into the facility in the morning.  It would appear that this was done without truly accounting for Christopher’s whereabouts.  Again, a watchful eye, attentiveness, and the dedicated use of a roll call list whether with pen and paper or an iPad or other electronic device would have avoid the tragic consequences as reported in West Memphis.

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by David Wolf, Child Injury Lawyer

Day-Care-Supervision-194x300In the State of Colorado and other states, it is important for day care center providers and child care providers to send David Wolf cases

When a child has suffered personal injuries at a day care center or another facility, parents should contact a Child Injury Lawyer for advice, guidance, and legal representation.

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By David Wolf, Child Injury Lawyer

https://www.childinjurylawyerblog.com/files/2016/08/Amusement-Park.001-300x279.jpegIt is common to see fairs, amusement parks, and festivals in just about every community on a regular basis. When a person visits an area with amusement rides, it is the rightful expectation of the the visitor that the rides are safe, that the rides are inspected, and that the rides are well maintained.  Unfortunately, for some visitors, including children, a fair, theme park, amusement park, or festival is the site of an accident or incident that causes serious personal injuries.  When a ride breaks down or malfunctions, a person can be put at great danger for personal injuries.  This applies to both adults and children.  For each State, there is a division of government that regulates and inspects fairground rides and amusement park rides.  Typically, the duties and responsibilities for inspection fall under the Department of Agriculture but it does depend on the specific State laws and regulations.  Regardless of the particular entity charged with this responsibility, it is vital that business owners, property owners and promoters comply with the applicable laws, rules and regulations. Furthermore, additional steps should be taken to make sure that the rides are safe and well maintained.  When the ride is in operation, it is important that all safety measures are taken with respect to the overall control of the ride and the individual seats and ride units.  All latches should be secured and seatbelt should be worn as provided.

When an adult or a child is injured as a result of the negligence of a fair, amusement park, theme park, festival, and / or the seller, distributor, or manufacturer of the ride, a case or claim can and should be brought on behalf of the injury victim.  David Wolf is a personal injury attorneys with over 26 years of experience.  He has handled personal injury cases on behalf of children in many communities.  He is the author of 11 books including the book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know.  This book has a section on Theme Park and Amusement Park Personal Injuries.  You can get this book for free at The ABCs of Child Injury
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By David Wolf, Attorney

Child Injury Lawyer Blog

Ear-Injuries-300x292When a child is enrolled at a day care center, school or summer camp, it is the duty on the teachers, assistants, counselors and staff to provide a reasonably safe educational and play environment for the children.  Unfortunately, far too many children are injured on a daily basis due to negligent supervision, neglect, negligence, and even by the intentional harmful acts of the very people responsible for the safety and well being of the children.  When a child is injured due to the fault of another person, business entry, school, day care center or summer camp, there may be a case or claim brought against the wrongdoer.  From a practical standpoint, it is helpful if there is liability insurance in place to cover or pay for such claims / damages.

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By David Wolf, Attorney

Child Injury Lawyer Blog

Child-Care-SupervisionIn Alabama and a number other States, day care centers can be broadly separated into three groups:  Licensed, Unlicensed by Exemption, and Unlicensed by Violation.  While the licensure of a day care center does not guarantee that a day care center is free from risks, hazards, and negligence, the licensure of a day care center does provide for important oversight by the State.  With oversight, there is usually voluntary compliance with the applicable day care and child care rules, regulations, staffing, training, and safety standards.  Many parents are not qualified to know what the required staff to child ration should be or what training should be completed for child care providers. Furthermore, there is a certain value to having rules and regulations in place to guide a day care center as what needs to be in place to obtain a day care center license and to keep such a license.

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By David A. Wolf, Attorney

Child Injury Lawyer Blog

Baby-Elements-Blue-Icons-copy-300x282In Virginia and other states, many parents rely upon day care centers to watch over their children during the work day.  Many such day care centers are connected to or affiliated with a church or religious institution. Unfortunately in many states, there are limited to no government oversight of religious or church run day care centers because there are loopholes and exemptions in state law that opt a church run or religious day care center out of the applicable day care center regulations.  As such, many day care centers go unregulated and often engage in negligent or dangerous behavior due to the lack of training and government oversight of the facility.  As such, many church run or religious based day care centers may seem safe and well run on the outside are actually riddled with dangers and risks on the inside.
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By David A. Wolf, Attorney

Child Injury Lawyer Blog

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There are times of the year in which children and others are out at a bit of a higher risk that other times of the year.  In the United States, New Year’s Eve, July 4th, and other holidays / celebrations throughout the year,  tend to bring out firework purchases and enthusiasts.  Any time that a fireworks are ignited, even by professional, there is a risk for injury.  When the fireworks are ignited by people without training including those under the influence of alcohol, people including children can suffer personal injuries in the form of eye injuries, burn injuries, and other injuries.