Articles Tagged with child injury

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By David Wolf – Child Injury Lawyer
Building-Blocks-300x170In day care centers across the nation, parents rely on child care workers to provide a safe and nurturing educational environment for children.  For most children, the day is filled with activities, classes, and all around excellent care.  However, at some facilities, children are unfortunately the victim of abuse, neglect, and molestation.  Some child care workers just lack the training, experience, common sense, and patience to properly supervise children.  The local and state day care regulations should be followed.  Beyond the rules and regulation, common sense can go a long way in the proper care of infants, toddlers, and young children.
In most States, corporal punishment is outlawed or banned in day care centers.  Some day care workers still implement corporal punishment measures to supervise and / or punish children under their care.  Corporal punishment is typically refers to some form of physical punishment, assault, or restraint of a child.  It should be noted that many religious based day care centers are exempt from local and state day care regulations.  As such, corporal punishment tends to be utilized on a regular basis in some exempt facilities.  It should also be noted that if a child is injured as a result of corporal punishment to the point the marks are left or medical care is required – there can still be action taken against the day care center even if the day care center is exempt from the applicable child care rules and regulations.
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By David Wolf, Child Injury Lawyer

Duct-Tape-300x202In day care centers in Missouri and across the nation, children are unfortunately subjected to various forms of corporal punishment in day care centers.  Most states have a prohibition according to the day care center government regulations against corporal punishment.  Despite these regulations, some day care center workers, for some reason or no reason at all, subject a child to corporal punishment.

In St. Louis, Missouri, there was a lawsuit filed against the Zion Lutheran Church, its daycare, and its employees, for the alleged abuse of a four-year-old girl. It was reported that the teacher at the daycare wrapped the child’s legs in duct tape after saying “I have some shiny red duct tape with your name on it.” The child admitted to running around when she was supposed to be napping, which is said to be the reason the teacher put duct tape on her legs in the first place. After the tape was put on, another member of the staff told her the tape would be removed when she behaved, which shows it was intended as a means of punishment. When the parents addressed the situation to staff, the situation was laughed over, and comments were made about how hyper their daughter can be.  It was reported that the daycare teacher has been said to have used duct tape as a means of controlling a child with two much energy. As a result, this family’s lawsuit alleges false imprisonment and assault, among other things, and is seeking over $25,000 in damages.  It should be noted that many courts have jurisdictional amounts or thresholds. In other words, an action can be pursued in a particular court if the amount in controversy if over a certain amount of money.  As such, in many cases, it is difficult to determine from the pleadings alone the amount that is ultimately being sought by the plaintiff / family of the injured child.

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by David Wolf, Child Injury Lawyer

Day-Care-Supervision-194x300In the State of Colorado and other states, it is important for day care center providers and child care providers to send David Wolf cases

When a child has suffered personal injuries at a day care center or another facility, parents should contact a Child Injury Lawyer for advice, guidance, and legal representation.

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By David Wolf, Attorney

medical_2008015232-1113int.epsIn Georgia and other States, children are the unfortunate victims of pedestrian accidents involving an impaired driver.  Whether the driver is impaired by alcohol, drug use, or a combination of the two, children especially child pedestrians are put at risk for serious personal injuries and harm.  When there is a pedestrian personal injury matter involving an impaired driver, there can be one or more legal matters that result and proceed:  1. Administrative; 2. Criminal; and 3 Civil.
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 By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Day Care Center VanWhen a day care center, summer camp, or school transports small children, it is important that the child care providers make sure that all children exit the vehicle.  This is quite a simple but an important statement or rule to follow.  Unfortunately, some day care center employees get distracted OR simply do not perform the required tasks of the job.  As a result, children are at times left behind on day care center vans and buses.   In the swelter of a hot summer month, just a few minutes can spell the difference between life and death.   Certainly, a child’s rights are violated if the child is left unatttended on a school bus or day care center van for any length of time.  As a Child Injury Lawyer, I am often asked the following question:
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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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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Kids Block Spelling Dad As Symbol for Fatherhood And Parenting
It has been reported that approximately 8000 children are seen and treated in emergency rooms every day.  That is a truly significant statistic from the Centers for Disease Control and Prevention.  When a child is injured as a result of a fall at a day care center, school, or summer camp, is there a cause of action, claim, or case that can be pursued?  The answer to this question is not so simple.  It really depends on the facts and circumstances.  A child care provider is not liabile every time that a child is injured as a result of a fall or another incident.  There are inherent risks any time that a child engages in physical activity.  For instance, a child could trip running to first base.  This can happen.  A child could fall while playing on the playground.  This also could happen.  However, if a child care provider was negligent and the injury was preventable, that is another story.  Let’s say children are playing on swings and create a game in which the child wins if he or she jumps the furthest from the swing in mid air.   This game goes on for 45 minutes when a boy jumps off the swing high and far and breaks his leg.  This was a dangerous activity for the group of 7 years old.  Appropriate and reasonable supervision would have prevented the game from moving forward and the incident and resulting injuries would have been avoided.  Here are some factors to consider in evaluating a fall incident as a potential case:
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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.