Articles Posted in Wrongful Death

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By David A. Wolf
Child Injury Lawyer Blog
Justice Red White and BlueWorking parents do their best to support the family.  In doing so, working families need the services of day care centers.  Most day care centers are well run by caring individuals.  However, there are many day care incidents and wrongful death incidents out there that do and should cause concern for all working parents which children enrolled in a day care center.  When a child dies, there are in many instances more questions than answers and sensible explanations for the death of the child.  It should be made clear that an infant and toddler at a day care center need supervision at all times including sleep and nap time.  When a child mysteriously dies at a day care center, there is typically an investigation by local law enforcement and the social service agency that licenses day care centers.  An autopsy should be performed to help determine the cause and preventability of the death of the child.
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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Truck Accident.001In Texas and other states, commercial trucks and semi-tractor trailers are common on the streets, roads, and expressways.  Due to the size of these trucks, it is important that the truck driver take all proper and necessary safety precautions for the safety of other drivers and passengers who will travel on and through the same streets, roads, and expressways. One measure that should be taken is to inspect the vehicle before departure to make sure that the height and width of the truck can safety travel under and through all bridges and overpasses.  For instance, if the truck is equipped with a boom or crane, it is vital that the boom or crane is lowered and otherwise secured that the truck is safe for travel through all roadways on the intended itinerary.  If there are any objects that are too tall or wide for safe travel, there can be disastrous consequences, accidents, crashes, personal injuries, and wrongful deaths.

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By David Wolf, Attorney
Teddy Bear Sleeping on MoonDay care centers are relied upon to provide care for children so that parents can support the family.  While many would prefer to care for their own children during the day and avoid day care centers completely, the economics and practicality of the matter is that many parents have no other viable choice but to utilize day care centers for their children.  Tragically, deaths occur at day are centers from incidents that are foreseeable and preventable.  An otherwise normal day turns into a nightmare that lasts a lifetime when a child dies as a result of neglect, negligence, carelessness, and even intentional acts.  Children especially infants and toddlers are vulnerable for injuries and medical complications that do not typically occur with elementary age and older children. In particular, infants and toddlers are at risk for complications that take place during a common activity that takes place at just about every day care center – big and small – in the United States.  This common activity, to the surprise of many people, is sleep time or nap time.  Infants lack the muscle strength and especially the neck strength during sleep time to lift themselves off of their stomachs.  As such, if an infant is placed on his or her stomach during nap time or simply rolls over on the stomach, this can lead to a very dangerous and even fatal situation.  This is especially problematic if the supervision is lacking, if the facility is understaffed, and / or the child care providers lack the education and training to recognize the risks or to act swiftly to protect the child.  Matters are further complicated when a child is placed in sleeping or napping environment filled with soft pillows, sheets, stuffed animals, a Bobby pillow, and / or a soft mattress.  Any of these items can contribute to a tragic situation in which a child suffers injuries or dies from suffocation, SIDS (Sudden Infant Death Syndrome), asphyxiation, or other similar complications.
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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.