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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

Fire-Crackers-300x249

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.

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By David A. Wolf, Child Injury Lawyer Blog

Crayons-175x300Working parents rely upon day care centers so that the family can be supported and the child can be properly cared for during the work day.  Many day care centers do an excellent job of educating, supervising, and caring for the children enrolled in the child care program.  Other daycare centers, however, cut corners and end up harming the children that they are responsible for supervising.  It is certainly unfortunate and tragic in many cases when a child suffers personal injuries in a day care center.  While government monitoring and regulation can help weed out and close down bad day care centers, it is impossible for any form of governmental regulation to prevent all injuries from taking place.

One article mentioned that a single state had 115 instances where day care centers were not meeting the minimum child to staff ratios, thereby leaving young children unattended and increasing the likelihood of harm. See Mississippi Increases Oversight of Day Care Centers. Many day care centers are underfunded and simply cannot afford to maintain the appropriate number of employees to adequately supervise the number of children at the center. This problem is very serious for young children of all ages. Infants need constant supervision to prevent accidents such as rolling off of changing tables or swallowing small objects, and toddlers need constant supervision to ensure that they are learning how to share and play well with others as well as to prevent them from injuring themselves or others or trying to run away.

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By David A. Wolf, Child Injury Lawyer Blog

Skateboards-300x249Let’s face it. There is never a good time for a child to be injured.  As parents, we work tirelessly to provide for our children and keep them safe.  Unfortunately, situations, incidents, and accidents take place that lead to or cause personal injuries to children.  Some incidents are foreseeable and some are not.  Some are preventable and some are not. For instance, if a child is a passenger in a motor vehicle that is rear ended, there typically is nothing that could have been done to prevent the accident from taking place in most situations.  There are other injuries that take place during the holiday season that may be prevented or lessened through better supervision and the implementation of safety measures.

Many children are injured during the holidays after receiving new toys that require balance that they have yet to obtain. To avoid this, children must have appropriate supervision when playing with their new toys. In addition to lack of supervision with new toys, some toys may also have manufacturing or design defects that can cause injuries to a child.  In addition, injuries during the holidays occur because there are more people on the roads due to holiday travel. It is important to have properly installed car seats and booster seats to minimize the risk of injury in an accident, it is also important to have the proper equipment for traveling in harsh weather conditions such as ice and snow. However, even with these safety measures, some accidents are unavoidable and require legal guidance. Yet another reason that injuries occur during the holidays is an increase in alcohol consumption due to holiday festivities such as New Year’s Eve.

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By David A. Wolf, Child Injury Lawyer Blog

Truck-Accident-Rear-End-Crash-253x300In Michigan and other states, semi-tractor trailers and commercial vehicles are commonly seen on the roads, streets, highways, and interstates.  Because of the size, weight, and power of these vehicles, it is vital that truck drivers are alert and attentive to their driving responsibilities.  Unfortunately, just one inattentive moment on the part of a commercial truck driver can cause a significant impact to the driver and passengers of other vehicles and a lifetime of injuries for the innocent victims of the crash.  While it seems quite basic, many such crashes can be avoided if the truck driver maintains a safe speed, maintains a safe distance from other vehicles, and otherwise avoids distractions in the form of eating, drinking, mobile phone usage, texting, and other activities that take away from the primary job at hand – namely the driving of a commercial vehicle.

In a recent news story out of Oceana County, Michigan, it was reported that  a four year old child suffered serious, lifelong injuries after a truck driver rear-ended the family’s car which had five people in it at the time. The driver was originally charged with felony reckless driving, but at the district court level the charges were reduced to a misdemeanor.  If the driver is convicted or accepts a plea deal, the crime is punishable by up to 93 days in jail.  The truck driver will be entitled to the services of a public defender or a private criminal defense attorney.  Like other criminal cases, there are procedures and processes to go through and a criminal Defendant is presumed innocent until proven guilty.

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By David A. Wolf, Child Injury Lawyer Blog

Child Care Toys - SupervisionIn California and other States, children are supervised or placed in a child care setting at a gym, fitness facility, and other “non-traditional” location. In California, licensing is not required for many of these so called child care programs.  As such, there is limited to no oversight of the child care program, facilities, and training.  This, in turn, may put a child at risk for personal injuries while being supervised, placed, or merely just physically present in the “child care” part of the gym, fitness facility, and other “non-traditional” location.  Even without the imposition of the state mandated and controlled day care center regulations, gyms, fitness facilities, and other locations still have duties of reasonable care when such locations take on the responsibility for watching or supervision children.

A Bay Club fitness facility in San Francisco, California, currently awaits trial for this very issue. Two years ago, a young boy suffered a head injury when his mother dropped him off at a childcare center in this health club. The childcare worker at the facility did not see the injury occur, but the children who witnessed it said, “Roman ran into the window and fell down.” As a result of the injury, the young boy is now undergoing speech therapy, occupational therapy, physical therapy, as well as post-traumatic stress disorder therapy. See Exclusive: Bay Club in San Francisco  Faces Trial After Child Injured.

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By David A. Wolf, Child Injury Lawyer

Toy Blocks E & AIn Minnesota and other States, working parents rely on day care centers so that the parents can provide for their children.  While parents, given a choice, would have one parent at home or a family member at home to raise the child during the tender years, the economic realities of life make it necessary to put a child in a day care program.  Some day care programs are excellent while others are operated by ill equipped and trained people who open a day care center for the sole purpose of making a living.  The substandard day care centers often fail to get licenses, fail to train their staff, and fail to look after the best interest of the child.  In addition to training of staff and maintaining a safe environment, there is something else that is needed in every day care center in the form of “patience”.  It is well known that children, especially infants, will cry and fuss.  Because of this, it does take a certain temperament, personality, and, yes, patience to properly care for a child in a day care center.

A bizarre set of facts took place recently in Minneapolis, Minnesota.  It was reported that a day care center provider got fed up with her job and placed a child in a noose to hang the child. The day care provider then took off in a vehicle in a hurry and then got into an automobile accident that was reportedly her fault.  You can read more about these incidents at Day Care Center Faces Criminal Charges in Minneapolis Minnesota Following Hanging of Baby.