Articles Posted in Wrongful Death

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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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blue and vibrant swimming pool side

Swimming Safety – Importance of Touch Supervision

By  David Wolf, Attorney

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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.

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Red blanketBy Nancy Hirsch, and David Wolf, Attorney

Published by Child Injury Lawyer Network

In Missouri and other States, parents rely on day care centers to provide reasonable and secure supervision so that parents can attend to their jobs and other commitments.  Unfortunately for some infants and children in day care centers, their needs are neglected to the point that serious personal injuries and even death result while in the day care center.  One commonly overlooked time of danger involves nap time or sleep time at the day care center.  Infants are at risk for injury while in nap time or sleep time.  This statement should be repeated and bolded.  Infants are at risk for injury while in nap time or sleep time.  For children under the age of 2 years old and other children needing special assistance, direct supervision is recommended due to the risk of suffocation, asphysiation, and / or SIDS (Suddent Infant Death Syndrome) incidents.   In addition to direct supervision, day care centers should take steps to clear the sleeping area of pillows, soft objects, blankets, and any other items that can be a hazard for sleeping infants.   At the beginning of nap time, the sleeping area may be safe; however, all it would take would be another child to toss a simple stuffed animal into the crib or sleeping area to create a hazardous situation.   This is just one reason among many to have direct supervision in place for infants in a day care center during sleep time or nap time.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Massachusetts.jpgIn Massachusetts and other States, hit and run accidents take place far too often. Whether the at fault driver was drinking at the time or just wants to avoid any responsibility for whatever other reason, drivers at times flee from the scene of an accident. When a driver flees an accident scene, there can be traffic, criminal, and civil cases that result from the hit and run accident. In many cases, the hit and run driver and vehicle are later identified while in other cases – local police and investigators are unable to identify the at fault driver or the vehicle owner. A hit and run accident victim may be able to pursue a civil case for damages against the following:

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Picnic%20Basket.jpgHolidays are often a great time to get together for family celebrations. Many families take the opportunity of a holiday weekend to have a BBQ, picnic, or vacation. The celebration of a holiday like Father’s Day does not have to be elaborate but it should be and often is a day spent with family. A simple breakfast, lunch, or BBQ is all that is really needed in most instances to celebrate Father’s Day. Gifts do not have to be elaborate either . . . a simple card, shirt, tie, or drawing can help bring in the day to celebrate Father’s Day. While the celebration of having a dad or being a dad does not have to be limited to one day a year, Father’s Day provides a day in which families can slow down and celebrate being part of a family.

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By David Alan Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Wyoming.jpgIn Wyoming and other States, it is important for all drivers to obey speed limits and other traffic conditions. Safe driving can help avoid and prevent accidents from taking place. Unfortunately, many drivers in Wyoming and other States disobey the local and State traffic laws. In the process, accidents take place which, in turn, cause serious personal injuries and even the wrongful death of many innocent drivers, passengers, and pedestrians including children.

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State%20Map%20Kentucky.jpg

The State of Kentucky will release child death / child fatality reports to the public. This information can help researchers and child safety advocates make recommendations as to measures to take to prevent or at least reduce the number of child abuse related deaths that take place in Kentucky and other States. See State of Kentucky to Release Child Abuse Records.

When a child dies as a result of the negligence or fault of another person, business, school, or government entity, there are many issues and questions faced by a family. Some child related deaths result in criminal prosecutions. Some also result in civil wrongful death claims and lawsuits. It is often times helpful to have the advice, consultation, and representation from a Child Injury Lawyer when a child dies as a result of the negligence or fault of others.

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, Child Abuse – Neglect, Medical Bills / Medical Treatment, Damages / Compensation, and other topics. You can receive this book for free at The ABCs of Child Injury.

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By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

swimming%20pool%20bottom%20squares%20day%20time.jpgIn Georgia, a jury awarded the parents of a 2 year old child over $9 Million dollars in a lawsuit that was filed against a day care center. The case involved the drowning death of a 2 year old (Abiola Bankolemoh) who was not properly supervised by the day care center employees. As a result of the lack of supervision, the child drowned in a Georgia swimming pool. While swimming pools can be great fun for children, swimming pools also pose a significant risks to children. Because of the inherent risks associated with swimming pools, it is vital that proper supervision is in place at all times when children are in or near a swimming pool area. In particular, gates should be locked, pool fences should be secured and in place, and supervision should be consistent and constant. See Gwinnett County Georgia Jury Awards Parents a Verdict in Day Care Drowning Case. The verdict in this case was quite significant. Hopefully, the parents are able to collect upon the verdict. Many day care centers lack insurance or have minimal insurance in place to cover personal injuries and deaths that take place at a day care center.