Articles Posted in Kansas

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by David A. Wolf, Attorney – Child Injury Lawyer Blog
Amusement Park.001In Kansas and throughout the United States, adults, children, and families visit theme parks, amusement parks, and water parks. For most guests and visitors, the days and nights are filled with fun, adventure, laughter, and good times. Unfortunate for some children and adults, the theme park, amusement park, or water park is the site of a catastrophic personal injury or death.  When a business operates or manages a recreation areas, there is a duty to keep the grounds, rides, and attractions in good repair and to have attentive ride operators, supervisors, and lifeguards in place for the safety and protection of the guests and visitors especially children.  Theme parks, amusement parks, and water parks invite and market to families and children. As such, all safety measures should be set up for the protection of the smaller and younger guest in the form of children.   Like other types of personal injury cases or claims there are four essential elements to pursue a civil case or claim on behalf of the injury victim as follows:
  1. Duty;
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By David A. Wolf, Attorney – Child Injury Lawyer Blog

book-abcOne basic duty of every day care center is the duty of supervision. Many day care centers are located on her near busy roadways, streets, neighborhoods, and commercial developments.  As such, the duty to supervise the children is vital the health, safety, and welfare of the children enrolled in the day care program. In some instances, a child is unharmed when he or she wanders away from a day care center.  An astute bystander or police officer locates the child and returns the child to the day care center.  While the situation could have escalated into something quite horrible, the child did not receive any injuries and soon forgets about the whole incident.  On the other hand, there are incidents involving the wandering of a child away from a day care center that results in serious personal injuries and even the tragic death of the child. One such incident took place in Olathe, Kansas when a child was hit and killed by a pick up truck. The incident took place on a residential street in a vicinity near the the day care center.  The news report identified the toddler as Harper Kay Rodden.  In initial news reports, there were no details as to how the 14 month toddler had exited the day care center, how the 14 month old toddler was supervised prior to exiting the facility, what safeguards were in place for the protection and safety of the children, and what steps could have or should have been taken to protect this child from wandering out of the day care center facility.
In a day care center case, there are essentially four elements to prove:
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By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Video Surveillance - Day Care CenterMany day care centers across the nation have video surveillance equipment in place to monitor the children under the care of the day care center.  The video surveillance is also used to monitor the care being provided to the children enrolled in the day care center.  In most States, there is no legal requirement per se that requires a day care center to have the video surveillance in place. Some may even argue that such video surveillance would violate the privacy rights of the children, owner, and / or staff members. When a parent enrolls a child in a day care center, a parent should look for transparency and full disclosure by the day care center.   Video surveillance can go a long way to keeping both the children and staff members in line.  Better yet, if a parent has online access to watch the streaming video live while a child is at a day care center can help put another set of eyes on the children and staff at a day care center.
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By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

State%20Map%20Kansas.jpgIn Kansas, day care centers and child care centers are subjected to State laws and ordinances. Among the various laws and regulations are those that are related to corporal punishment and discipline of children in day care centers and child care centers. Under Kansas law, a day care center / child care center is prohibited from implementing corporal punishment against a child. This is a good law that should stay on the books. Unfortunately, other States have laws in place that allow corporal punishment even against day care center aged children. Corporal Punishment should be prohibited conduct in every day care center. Even in States in which corporal punishment is allowed or permitted under State Law, day care centers and child care centers should avoid using this form of punishment / discipline as it can lead to serious physical and emotional injuries to children. Furthermore, many child care providers are not well trained in safe methods of corporal punishment and often times exceed what is allowed or legal in States in which corporal punishment is permitted. If a child suffers an injury requiring some form of medical care, there is a strong likelihood that the corporal punishment was excessive. This, in turn, may lead to criminal and / or civil proceedings against the day care center and the employee.

When a child is injured as a result of corporal punishment or discipline in a day care center, school, summer camp, or other location, a parent should consult with a Child Injury Lawyer for advice and legal representation. A Child Injury Lawyer can advise a parent as to the right to compensation for past medical bills, future medical bills, pain, suffering, loss of enjoyment of life, and other issues. 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, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.

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By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

household%20television%20personal%20injury%20at%20home.jpgIn homes, day care centers, schools, and other locations, there are common every day items that can pose a great risk of injury to a child. These items are in just about every house and most day care centers and schools. Believe it or not, the common every day items include televisions and furniture. Children are curious and often times do not recognize the danger of climbing on furniture or moving a television set. When these items are not properly positioned, safeguarded, and / or anchored, serious personal injuries can result. Because there have been a number of incidents across the nation that involve serious personal injuries from a television or furniture item that has tipped over and fallen on a child, it is vital that the home, day care center, school, and other location frequented by a child be safeguarded to the best of the ability of the property owner and / or child care provider.

While there may be some expense in anchoring these items through the services of a contractor or handyman, the expenses associated with the safeguards would pale in comparison to the injuries and lives that are changed when the safeguards are not put in place.

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By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

State%20Map%20Kansas.jpg

In Kansas City, Kansas, a three year old girl was hit as a pedestrian on Washington Boulevard. It was reported that the incident took place at 1:50 a.m. Due to the circumstances surrounding this incident, the police will conduct a full investigation to determine the cause and preventability of this Kansas pedestrian accident. See Child Injured in Pedestrian / Automobile Accident in Kansas City.

Often times, there are questions as to the cause and fault for an automobile accident / pedestrian accident in Kansas. A Kansas Personal Injury Attorney can conduct an investigation as well of the causes and circumstances of the accident. When a child is injured in a pedestrian accident, there are often a number of questions or issues that a parent must deal with on behalf of the injured child. The book titled – The ABCs of Child Injuries – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Damages / Compensation, Medical Bills / Treatment, Automobile Accidents, and other topics. A parent or other concerned person can receive this book for free at The ABCs of Child Injury.

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By Joni J. Franklin, Attorney & David Wolf, Attorney Published by Child Injury Lawyer Network

blocks.jpgDouglas County Judge, Sally Pokorny ordered Richard Gonzalex, 69, to serve 25 years to life in prison for allegedly molesting a four-year-old girl. According to prosecutors, the girl alleged the acts occurred several times over a six week period in 2009.

The Chief Assistant District Attorney, Amy McGowan, read a letter from the girls’ parents in court asking the judge to give Gonzalez two consecutive life sentences; the parents feared that the crimes would affect her as she grew older. The parents said in the letter, “that is something that will be with her for a life time”.

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By Joni J. Franklin, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Kansas.jpgThe license of a home-operated day care center has been suspended after a 17-month-old died in the provider’s care. It was a playpen-related death. The reasons for the suspension were lack of adequate supervision and use of sound judgment by the provider. Police Lt. Ken Landwehr said the initial investigation indicated the toddler apparently got “caught up” at the top of the playpen while attempting to climb out, which probably led to asphyxiation. However, police are expecting an exact cause of death after reviewing the autopsy results. The day care provider found the toddler unresponsive and called emergency crews, who pronounced the toddler dead shortly after their arrival. An emergency order of suspension was issued by the Kansas Department of Health and Environment. The order identified the home operated day care center and Amys Lil Angels and the day care operator by Amy Shannon Waner.

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By Joni J. Franklin, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Map%20Kansas.jpgA Kansas daycare provider admitted to forcing children to put sand in their mouths as a form of punishment. According to a report by a local television station, the daycare provider also admitted to spanking the children. Children attending the daycare center claimed she hit them with a flyswatter and put hot sauce or baking soda in their mouths when the children used bad language. As a result of these punishment methods, the Enterprise, Kansas daycare center, Munchkin Manor Day Care, has lost its license. The daycare center has 15 days to request a hearing on the revoked license. If you would like to read more about this story see Kansas daycare center loses license because of harsh punishments on children.

Published on:

By Joni J. Franklin, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

educations%20school%20day%20care%20school%20bus%20close%20up%20view%20of%20top%20of%20yellow%20school%20bus.jpgChild care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations – K.A.R. 28-4-130 – Transportation (Pages 32-33), a child care center, that provides transportation, must provide safety restraints / seat belts for children as follows: