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By David Wolf, Child Injury Lawyer
Crib-and-Nap-Time-Day-Care-Center-276x300Parents rely on day care centers to provide a safe educational environment for their children. Tragically, children suffer serious personal injuries and even fatal injuries at the very place where the children are supposed to be protected – the day care center.  At times, other children in the day care center are violent and unstable.  It is important that day care centers closely monitor all children in the day care center. If a child is exhibiting strange, dangerous, or disturbing behavior, it should be addressed right away.  For the protection and safety of the children enrolled in the day care center, a child, with dangerous tendencies or propensities, can and should be removed from the day care center.  The local licensing agency can also step in if there is a problem with the parents of the “problem child”.  It is vital that the day care center act in a timely manner to prevent injuries at all times possible.  Unfortunately, many day care centers ignore the problem or gloss over the problem rather than take action to protect the children in the day care center.
In Michigan, it was reported that a 14 month old toddler died a day care center by an 8 year old girl with a history of odd behavior.  The toddler (Korey Brown) was crying in his crib.  Then, the 8 year old took him out of the crib, bit him in the face, and kicked the toddler.  The 8 year old girl had a number of issues.  It is suspected by the family of Korey Brown that the day care center knew or should have known about the odd behavior and should have taken action to protect Korey Brown.   At the time of the attack, there were no adults present in the room.  As such, it appears that the 8 year old was left unsupervised in a room with younger children in the room including Korey Brown. You can read more about this story at Girl Kills Toddler at Michigan Day Care Center
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By David Wolf – Child Injury Lawyer
Building-Blocks-300x170In day care centers across the nation, parents rely on child care workers to provide a safe and nurturing educational environment for children.  For most children, the day is filled with activities, classes, and all around excellent care.  However, at some facilities, children are unfortunately the victim of abuse, neglect, and molestation.  Some child care workers just lack the training, experience, common sense, and patience to properly supervise children.  The local and state day care regulations should be followed.  Beyond the rules and regulation, common sense can go a long way in the proper care of infants, toddlers, and young children.
In most States, corporal punishment is outlawed or banned in day care centers.  Some day care workers still implement corporal punishment measures to supervise and / or punish children under their care.  Corporal punishment is typically refers to some form of physical punishment, assault, or restraint of a child.  It should be noted that many religious based day care centers are exempt from local and state day care regulations.  As such, corporal punishment tends to be utilized on a regular basis in some exempt facilities.  It should also be noted that if a child is injured as a result of corporal punishment to the point the marks are left or medical care is required – there can still be action taken against the day care center even if the day care center is exempt from the applicable child care rules and regulations.
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By David Wolf, Child Injury Lawyer
https://www.childinjurylawyerblog.com/files/2017/07/Trampoline-Jumping.001-219x300.jpegIn Louisiana and other States, trampoline parks are operating in many communities.  Originally thought as a save way to place in a controlled air conditioned environment. There are more and more stories and reports of injuries taking place at trampoline parks.  When a child is injured a a trampoline park, a child may be entitled to compensation if it can be established that the trampoline park / business was negligent in some manner which, in turn, caused the injuries.  Like other personal injury cases, there are four essential elements to prove:
Duty;
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 By David Wolf, Child Injury Lawyer
Boy-Jumping-227x300There are a number of businesses in communities that not only anticipate that children will visit but encourage children to visit.  However, these same businesses fail to put safety precautions, rules, protocols, and staffing in place for the protection of the children who visit the trampoline park.  As a result, children are often injured and required medical care.  If a child is injured as a result of the staff of a trampoline park, a legal case or claim can be pursued on behalf of the injured child.
It has been reported that children under the age of 6 years old are at the highest risk of injury than other children and adults.  Furthermore, because of coordination issues, many child safety advocates recommend that toddlers stay off on trampolines and especially those with other larger and older children at play.  It is well known that children have poor safety awareness.  Without proper safety precautions and adult supervision, children are often injured at trampoline parks and bounce house locations.
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By David Wolf, Child Injury Lawyer
Playground-300x188In Oregon and other States, there are dangers in day care centers. Certainly, having a license is a good “sign” for a day care center. That means that the day care center has complied (in most cases) with the State’s minimum mandatory requirements and otherwise has acted in a manner that has enabled the day care center to maintain its license and ability to operate as a facility in good standing.  However, it should be noted that a day care center license does not mean that a day care center is an absolutely safe haven for a child enrolled in the program.  The truth of the matter is that day care centers and its employees have an ongoing duty and responsibility to provide constant and reasonable supervision of the children under the care of the day care center.
It was recently reported by Oregon media sources that there are dangers in Oregon day care centers.  There were a number of examples noted in the article including a day care center that allowed an autistic child to walk out of facility and into the potential harm of traffic, another day care center that allowed a young child to play on a climbing wall with a lanyard on the child both of which presented a significant risks of handling, a fall, and asphyxiation.  There are other examples mentioned in the article as well.  You can read more about the dangers in Oregon day care centers along with comments about the regulations that have become somewhat stagnant at Dangers and Risks of Personal Injuries in Oregon Day Care Centers
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By David Wolf, Child Injury Lawyer

Video-Surveillance-300x300

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.