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

4_ToysWhile enrolled in a day care center, a child should be supervised in an environment that is safe and free from hazards.  The day care center should follow its own policies and procedures as well as the policies and procedures set forth by state and local licensing agencies and laws.  It is difficult to legislate or regulate every since situation or care provisions that take place in a day care center.  Furthermore, it should be noted that common sense can be used in the day care center. If something seems dangerous or risky to a child, then the hazard should be removed.  It is well known that children are curious and lack safety awareness.  As such, anything within reach of a child that can cause harm should be kept away from a child.  This includes but it not limited to hot water, liquids, food, ovens, burners, and other items that can and will cause burn type of injuries to a child.  When a child is burned, first aid should be provided and the parents and when necessary fire rescue / emergency services should be called in.

A civil case on behalf of child involves four essential elements:

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By David Wolf, Attorney and Robert Chaiken, Attorney

Truck Accident.001In communities throughout the United States, there is a common danger that is out on the roadways – day and night. The common danger is in the form of large commercial vehicles and semi-tractor trailers.  Certainly, companies have a right to conduct business and it is proper to utilize commercial trucks and semi tractor trailers in intrastate commerce and in interstate commerce; however, when the commercial or truck driver crashes into other vehicles or causes a crash due to the negligent driver of the commercial or truck driver then there is a cause of action against both the driver and the company that he or she is driving on behalf of.  When there is a crash with semi tractor trailer, the resulting damage to both other vehicles, drivers, and passengers can and often is quite significant and in some cases tragic and devastating.  Certainly, all drivers have a duty to operate the motor vehicle in a safe and reasonable manner by observing and obeying speed limits, street signs, traffic, and weather conditions.  Commercial and truck drivers have special training or at least should have special training to operate such large vehicles.  It is important that the trucks are well maintained and that driver logs are meticulously maintained and followed.  One drowsy or overworked truck driver can change the life of another person and his or her family in a split second.
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By  David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Building Blocks LIn Illinois and other States, parents rely upon day care centers to provide a safe, nurturing environment for their children during the busy work day. For most children on most days, a day care center provides proper supervision to keep the children safe and out of danger. Unfortunately, there are days (far too many days) when a child is injured while under the so called watch of a day care center.

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By  David Wolf, Attorney

cal-0814-cl5-funpark11During the summer months and other times of the year, amusement parks and theme parks are packed with guests.  For most, the day or evening at the theme park or amusement park is filled with good times, fast but great tasting food, and fun rides.  For some guests, the day or night at the theme park or amusement park is one filled with personal injuries or even the untimely and tragic death of a guest or rider.  There are risks inherent with any activity; however, amusement park and theme park rides should be sound from an engineering and mechanical standpoint.  It is also important the the theme park and amusement park is properly staff with individuals who are trained and otherwise dedicated to the job.  Unfortunately, some theme parks or amusement parks are staffed with low paying employees who are not very motivated to do a good job.  Furthermore, there is a certain boredom or montony with the task of running a ride over and over again. It is the same task.  The work can be quite dull and this, in turn, can distract the ride operator into some daydreaming, sleep, and other distractions like mobile phone use.  Some ride operators mayy even under the influence of drugs or alcohol just to get through the shift.
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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 David Wolf, Attorney

Published by Child Injury Lawyer Network

Fire Rescue Graphic Blue in SquareJune is National Safety Month.  It marks a time of year in which safety is especially promoted from a multitude of organizations, businesses, schools, day care centers, municipalities, and states.  Of coursee, safety should be a paramount concern and goal all year round.   It is not just a June priority. It is a 365 priority.  So, what is the leading cause of death of children?  The answer is “Automobile Accidents”.   It has been reported that the leading cause of death in children ages 5 to 24 is the automobile accident.   Consider of moment, a family goes for a drive to school, the park, a movie, the mall, or grocery store. It is a sunny day and all is right in the world.  Then, suddenly, there is a crash that not only ruins this bright sunny day but the lives of family members, friends, and a community.  The of a child certainly leaves a lasting mark or scar that is never ever forgotten.
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School Bus - BlueBy David Wolf, Attorney

Published by Child Injury Lawyer Network

In the State of Washington and other States, schools and day care centers transport our most precious and important passengers – our children. In doing so, the school and day care center drivers have a legal responsibility to drive in a safe manner, obey traffic regulations and signs, and otherwise use their best efforts and judgment to get the children from one place to another.  One of the easiest tasks is the responsibility to make sure that all children are removed from the bus at the appropriate stop and certainly by the end of the run.   While this is a somewhat simple task, it is one that is commonly overlooked by day care center / school bus drivers and attendants.  It certainly requires more that merely checking the rear view mirror or completing a quick glance towards the back of the van or bus.  A school bus driver should conduct a visible sweep of the school bus. In other words, a school bus driver should safety park the bus and then get out of his or her seat and walk from the front of the bus or van and look in every seat and aisle all the way to the back and make sure that all children are removed from the bus.  It is also a good way to see if any children left any items on the bus like book bags, books, lunches, sports equipment, mobile phones, etc.  It is also a good idea to conduct a visible sweep two times for good measure.  If there is both a school bus driver and an attendant, then it is recommended by some school and child safety experts that each person (the school bus driver and the attendant) conduct the visible sweep of the bus.

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Kids Number Block As Symbol For Numeracy Or CountingBy David Wolf, Attorney

Published by Child Injury Lawyer Network

Here is a simple but important question:  Should day care centers provide constant care and supervision during sleep time or nap time?  The answer to this question is Absolutely Yes!   That’s right the answer has an exclamation point at the end because it is so important that child care centers and day care centers have trained staff in place that recognize the risk and dangers during nap time and sleep time for infants and toddlers.   Without any child of child care training, one would think that the safest place for a child or a baby is in a crib during sleep time.  The truth is that many children every year suffer personal injuries and even die during sleep or nap time due to inadequate supervision, improper sleep position, and the presence of blankets, stuffed animals and other soft objects left in the crib or sleeping area.