Articles Posted in Tennessee

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Day-Care-Sleep-Practices-300x195One would think that the safest place for a child to be at a day care center is in a crib or sleeping area. In actuality, the crib or sleeping area in a day care center could be quite a dangerous place for a child. In fact, some children even die while being supervised in a crib or sleeping area in a day care center. Actually, the so called supervision is lacking. In addition, the term “supervision” is an overstatement in these situations. In actuality, the supervision is wholly lacking. The simple but dangerous act of putting a blanket or a soft stuffed animal in the crib or sleeping area of the child can lead to catastrophic results in the form of serious personal injuries and even the death of a child.

An incident out of Tennessee demonstrates how something as peaceful and innocent as nap time can quickly turn injurious. It was reported that a nine-month-old baby was found sweating profusely and tied up by a sheet in a pack n’ play crib at his daycare center. The day care reportedly indicated that it used the blanket to restrain the infant during nap time, in order to prevent the baby from “wallowing” around while he slept. According to the news reports, use of a blanket in the sleeping quarters of a baby violates existing safety procedures in place at day cares. The Department of Human Services found other infants napping at this day care covered in blankets upon investigating the center after the parents of the nine-month-old reported the incident.

Events like these must be taken seriously because of the dangers bedding presents to small children. According to the Consumer Product Safety Commission, blankets and pillows present special risks to babies that they do not present to adults or even older children. For example, an average of thirty-two babies die each year from pillows because of the suffocation risk they present. Pillows can block the nose and mouth of a baby, who unlike an adult or an older child, may not be able to move or roll over to get oxygen. Accordingly, pillows are not recommended for children under one and a half years of age. Blankets and toys present a similar risk as well as the additional risk of becoming wrapped around a child’s neck. Use of pillows, blankets, and toys also create a cluttered sleeping space for a baby; studies show a cluttered sleeping space increases the risk of Sudden Infant Death Syndrome, also known as SIDS, which causes infants to pass away in their sleep. Thus, practicing safe sleep techniques with infants is critical. See Consumer Product Safety Commission – Safe Sleeping Tips.

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By David A. Wolf, Attorney – Child Injury Lawyer Blog

book4In Tennessee and other States, parents rely upon bus transporation for their children during the school year. Most bus rides to and from school are quite uneventful which is a good thing. There are days in which a school bus accident results in serious personal injury and even death to innocent children riding a school bus. From a legal standpoint, a school bus accident case can be quite complex. If a public or government entity is involved, there can be procedures to go through and caps or limits on the amount of damages that can be recovered. In addition, a school bus crash often involves multiple victims and families who may be arguably competing for a limited pool of money or insurance. It was recently reported that there was a deadly school bus accident in Chattanooga, Tennessee. In multiple media outlets, the crash involved a single school bus that turned over on its side after hitting a tree. There were 35 students on the bus with 23 individuals transported to the hospital for medical care. Tragically, initial reports indicated that there were 6 fatalities / deaths resulting from this school bus crash. Due to the nature of the crash, serious personal injuries, and deaths, local and state police officials will conduct a detailed investigation to determine the cause, manner, mechanism, and preventability of this Tennessee school bus crash.

In the State of Tennessee and other states, government entities are protected some extent from lawsuits and personal injury claims. The manner in which a government entity can be sued is typically proscribed by statute. In Tennessee, a claim or case can be pursued against a government entity for the negligent driving of an employee, official, or agent of the government. While a claim or case can be pursued, there are caps or limits to recovery in Tennessee. An individual or surviving family member can recover up to $300,000 incident; however, there is an aggregate cap of $700,000 per incident. As such, the amount that a government entity can be held liable for in a school bus crash in Tennessee can be quite limited if there are more than a couple of claims. Certainly, the financial recovery in a wrongful death case against a private entity or individual can easily exceed the $300,000 as provided in Tennessee law.

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By David A. Wolf, Attorney – Child Injury Lawyer Blog

Amusement Park Personal Injuries.001In Tennessee and other States, there have been reported incidents or accidents at theme parks or amusement parks involving children.  Amusement parks and theme parks welcome children and specifically advertise to families and children.  As such, the owners and operators of amusement parks and theme parks should make sure that the rides are safe, that the rides are well maintained, and that the rides are properly supervised by trained and diligent ride attendants.   When an adult or child is injured at a theme park or amusement park, there are essentially four legal elements to prove to establish as claim or case:

1. Duty;

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By David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

cal-icons2-201408-232In Tennessee and other States, children are at risk for serious injuries and even death anytime that they cross a street or are playing near a street.  Some children even get hit by a vehicle in a driveway or parking lot.

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By David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

book-abcIn Tennessee and other States, working parents rely upon day care centers to provide the health, safety, welfare, supervision, and guidance of their children. When selecting a day care center, a parent has a number of factors to consider including location, costs, hours, compliance, history, licensure, and in some States like Tennessee a Star Quality Program.

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By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

NX_truck_rear_contnrThroughout Tennessee and other states, trucks, tractor trailers, and big rigs are common sites on the roads, highways, and expressways.   Certainly, big trucks are an important part of both intrastate and interstate commerce. Theres large commercial trucks also pose a significant risk of serious injuries and deaths to adults and children alike to the size disparity between these trucks and common personal vehicles / automobiles.   Because of this, it is important that commercial truck drivers are well trained, alert, and well rested.  Furthermore, excessive speed and daydreaming need to be avoided as well.  Finally, driver distractions should be limited and removed whenever possible.  Texting while any vehicle including but limited to a commercial truck is simply careless and can and does lead to serious accidents causing personal injuries and the deaths of others.
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By George Fusner, Jr., Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgIn Tennessee and other States, parents rely on day care centers to provide a safe and clean educational environment for children. In most facilities – on most days – , the children are well cared for and kept out of harm’s way. Unfortunately – at times -, children suffer personal injuries at a day care center. Some children are injured by the very child care providers who are required to supervise and protect the children enrolled in the day care center. A recent injury was reported in Smyrna, Tennessee. It was reported that a 3 year old suffered a fractured arm at the Rock Springs Academy after a day care worker picked the child up by her arm and then sat the child down on a mat. The incident was investigated by the Tennessee Department of Children’s Services and the Smyrna Police Department. The day care worker was arrested regarding the incident. Like other criminal matters, the day care worker will be entitled to legal representation from a private criminal attorney or the public defender to represent the day care worker regarding the criminal charges. You can read more about this story at 3 Year Old Suffers Fracture at Tennessee Day Care Center.

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By George Fusner, Jr., Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20view%20of%20driver%20front%20light.jpgIn Tennessee and other States, parents send their children to school with the hope and expectation that the child will be educated and supervised in a safe environment. Unfortunately, some children suffer serious personal injuries and some even die while on school grounds or while engaged in a school related activity or field trip. In Whitehaven, Tennessee, it was reported that Anthony Scott (age 6) was hit by a day care by a Pee Wee Wisdom Child Care Center. A full investigation will be conducted as to the cause and preventability of such an accident.

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By George Fusner, Jr., Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

crib.jpgStarting December 2012, all Tennessee day care centers must have new cribs with greater safety standards. The old cribs with the drop-side railings that have been proved deadly for babies in rare instances will be no longer acceptable; this type of crib was associated with 32 infant suffocation and strangulation deaths since 2000.

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By George Fusner, Jr., Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network

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Amber Kendrick, 12-years-old, was tragicallly killed during a hit and run horseback riding accident when a motorist struck her horse in Madison County, Tennessee. According to the Madison Country Sheriff’s Office, the crash occurred in the 200 block of Diamond Cove Road. A truck was traveling northbound when it struck a horse being ridden by Kendrick and Matthew Webb. The collision caused Kendrick to be ejected from the horse. Investigators said the truck continued north and struck a second horse being ridden by 20-year-old John Thomas Gobbell.

Allegedly, the driver of the truck stopped after the crash, removed the license plate from the vehicle and fled the scene. Kendrick was taken to Jackson-Madison County General Hospital where she was sadly pronounced dead. The other riders, Webb and Gobbell sustained minor injuries, and both of the horses died after the crash.