Articles Posted in Louisiana

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Boating-Accident-and-Personal-Injuries-300x121Children are at risk for injury on land, air, and sea.  It is important for all adults in charge of supervising children to act in the best interest of children.  When an adult supervisor of a child is negligent, serious personal injuries can result.  For just about every situation there is a duty to act reasonably.  When this duty is breached, there can be lifelong injuries that result and even the untimely and tragic death of a a child.  There is a duty to act reasonably on the part of professionals / businesses including those connected to a day care center, school, summer camp, after school program, athletic program, and other locations / activities. There is also a duty to act reasonably for individuals who are not connected with a business or facility including parents, relatives, neighbors, family friends, and those who agree to by explicit or implicit terms to supervise children during a particular activity, event, or time period.
In Louisiana, a horrific incident was reported to take place on the Old Sabine River in the vicinity of Niblett’s Bluff Park.  Three boys were riding a tube being pulled by a bass boat.  The operator of the boat took a turn that resulted in the tube swinging out and hitting the side of the river bank.  All three boys were ejected from the tube.  One of the boys – 8 year old Damian Haines – was airlifted to West Calcasieu Hospital where he was later reported to be dead from what appears to be trauma related injuries.  The other two boys suffered injuries but not as serious as Damian Haines.  The operator of the boat was arrested as a result of this incident and charged with a number of serious crimes including intoxication, vehicular homicide, and reckless operation of a watercraft.  You can read more about this incident at Boating – Tubing Accident Leads to Death of 8 Year Old Boy in Louisiana.
It should be noted that the pursuit of a personal injury case can be based on simple negligence.  The acts do not need to be reckless in nature per se.  It should also be noted that the pursuit of a personal injury case will depend in part on the available liability insurance in place.  Many personal injury attorneys limit their respective caseloads to cases with liability insurance in place or a Defendant with the financial means to pay out a settlement or judgment.  Many large businesses are self insured which means that the business chooses to be responsible for the injuries or deaths that take place during business operation that are the result of the negligence of the business and / or its employees.  For instance, Wal-Mart Stores are mostly self insured which means that Wal-Mart does not carry liability insurance.
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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, Attorney

Published by Child Injury LawyeBlog

Poster art illustration of an american football gridiron runningback player running with ball facing front done in retro style with words National League Championship.
The recent death of a Louisiana High School student from what appears to be a football related injury raises a question as to the dangers of the sport as well as the future of the sport.  It was reported that Tyrell Cameron, a 16-year-old Franklin Parish High School player, was hurt while covering a punt in the 4th Quarter of a game against Sterlington High School.  Tyrell collapsed after colliding with another player.  A full autopsy will be performed to determine if there were any other causes or conditions that contributed to the tragic death of this teenager. See Louisiana High School Football Player Dies After Suffering Injury During a Friday Night Game. 

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By  David Wolf, Attorney

Building Blocks Glossy - P - Day Care CenterIt is not difficult to find stories – horror stories better yet – about unlicensed day care centers in Louisiana, Florida, and other states.   When you see a news article posted about an unlicensed day care center, you will often read about a child being injured or put at risk or danger of personal injury while under the care of the unlicensed day care center.   These child care providers are “operating in the shadows”.  Without any oversight, rules, or regulations, many unlicensed facilities do just what is necessary to convince the parents desperate for child care to part with their hard earned money.   While there are some unlicensed facilities and day care centers that happen to do just a fine job, there are so many others that are truly cutting corners and putting the dollar over safety concerns and measures for the children.
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By  David Wolf, Attorney

Building Blocks LThe recent death of a young child in the Louisiana unlicensed day care center sparked a debate about which day care centers should be regulated.  Under Louisiana’s current system, a day care center which cares for less than seven children exclusive of family members of the day care center operator is not required to obtain a license. Because of this, smaller day care centers are operating under the radar and oversight of state and local regulations are still operating  legally. When a day care center is not licensed as required OR not required to be licensed by the state, it is common to see unqualified staff members hired, facilities that are disrepair, and supervision that falls to protect the health, safety, and welfare of the children enrolled in the day care program.

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 By David Wolf, Attorney

Published by Child Injury Lawyer Network

School Bus - BlueSummer is a wonderful time for children to explore, to be active, and to get some further education.  For working parents, summer time is just another 3 months of work.  As such, working parents rely upon day care centers and summer camps to provide for the care and safety of their children.   There are serious risks and dangers that present themselves during summer.  Namely, there are risks of serious personal injuries and even death when a child is left in a school bus or day care center van for even just a few minutes.  There should be no such thing as running a quick errand as a child remains in a school bus or day care center van unattended without any air conditioning.   Furthermore, there should be no such thing or story of a child mistakenly left on a school bus or van in the summer or any other time of the year.  With the heat of summer, there are greater risks for hyperthermia which, in turn, can cause serious personal injuries and even the death of a young child.   Tragically, in Baton Rouge, Louisiana, it appears that a child died as a result of hyperthermia as a result of being left in a day care center vehicle.  It was reported that the 22 month old child was left in the vehicle for about 2 hours or so.   A day care center employee was asked to lie to the local authorities as to the situation and circumstances where the child was found.  While the day care center operator had experience working with children, her license had expired.   You can read more about this horrible event at – 22 Month Old Child Dies After Being Left in Day Care Center Vehicle. 
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By J. Rock Palermo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Flag%20Louisiana.jpgThe Louisiana DCFS (Department of Children and Family Services) is the governmental agency in charge of licensing, supervising, and disciplining licensed day care centers in the State of Louisiana. For a day care center to remain in good standing and to retain its state day care license, the facility must follow the rules and regulations set forth and enforced by the Louisiana DCFS. These regulations include those related to documentation, attendance records, and staff to child ratios. Unfortunately, many day care centers violate these policies and put children under the supervision of the day care center at risks for serious personal injuries and, in some instances death. The Louisiana DCFS recently revoked the child care license of a facility due to alleged violations of the State day care regulations and rules. See Louisiana DCFS Suspends / Revokes Day Care License of Children of the Future.

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By J. Rock Palermo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

building%20blocks.jpgA former Baker, Louisiana day care worker was arrested and charged with the murder of a 2 month old infant. The Baker police arrested, Ashley Rene Reifer after an autopsy revealed that 2 month old Brody Hopper died as a result of traumatic brain injury. Brody Hopper was in the care of Reifer at the Busy Bee Learning Center when this incident happened.

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By J. Rock Palermo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

day%20cares%2C%20building%20blocks%20.jpgShreveport Child Care Center, located in Louisiana, was warned for several safety violations, and as a result, received a license revocation notice from the Louisiana Department of Children and Family Services.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Louisiana.jpgIn Morganza, Louisiana, a family lost a son who was the unfortunate victim of a dog mauling by the neighbor’s three Boxer breed dogs. The small town / village of just over 600 people mourned this little boy’s death. In the aftermath of his death, the family along with a blogger (Holly Lemoine) launched a campaign and website called www.bloggingforblaise.com. This website contains photographs and memories of Blaise who only had four years on this earth. Despite his short life that was ended abruptly by this Louisiana dog attack. Blaise made such an impact both within his family and in the community. The website – www.bloggingforblaise.com – has valuable tips and insight for those dealing with a loss and educating children about dogs.

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