Articles Tagged with day care center

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By David Wolf, Child Injury Lawyer
Crib-and-Nap-Time-Day-Care-Center-276x300Parents rely on day care centers to provide a safe educational environment for their children. Tragically, children suffer serious personal injuries and even fatal injuries at the very place where the children are supposed to be protected – the day care center.  At times, other children in the day care center are violent and unstable.  It is important that day care centers closely monitor all children in the day care center. If a child is exhibiting strange, dangerous, or disturbing behavior, it should be addressed right away.  For the protection and safety of the children enrolled in the day care center, a child, with dangerous tendencies or propensities, can and should be removed from the day care center.  The local licensing agency can also step in if there is a problem with the parents of the “problem child”.  It is vital that the day care center act in a timely manner to prevent injuries at all times possible.  Unfortunately, many day care centers ignore the problem or gloss over the problem rather than take action to protect the children in the day care center.
In Michigan, it was reported that a 14 month old toddler died a day care center by an 8 year old girl with a history of odd behavior.  The toddler (Korey Brown) was crying in his crib.  Then, the 8 year old took him out of the crib, bit him in the face, and kicked the toddler.  The 8 year old girl had a number of issues.  It is suspected by the family of Korey Brown that the day care center knew or should have known about the odd behavior and should have taken action to protect Korey Brown.   At the time of the attack, there were no adults present in the room.  As such, it appears that the 8 year old was left unsupervised in a room with younger children in the room including Korey Brown. You can read more about this story at Girl Kills Toddler at Michigan Day Care Center
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By, David Wolf, Child Injury Lawyer

Teddy-Bear-300x289In Arkansas and other States, children enrolled in day care centers and other summer programs are at risks for injury and death during transportation and services.  There is a simple way to prevent these hot car deaths and hot van deaths from taking place.  In fact, these injuries and deaths can be avoided with a watch eye, clipboard, attendance list, and a pen.  It is vital that all day center providers and summer camps take roll call whenever the van, bus, or vehicle is loaded or unloaded.  All children must be accounted for at all times.  Furthermore, whenever a bus, van, or other mode of transportation is stopped without supervision onboard and without proper ventilation and air conditioning, there should be a physical and verbal sweep of the bus, van, or vehicle to make sure that all children are off the bus.  What happens when a child is left on a bus, van, or other vehicle during periods of warm or hot weather?  Well, the headlines speak for themselves when there is a report of yet another hot van or hot bus death involving a school, summer camp or day care center.

In West Memphis, Arkansas, it was reported that 5 year boy (Christopher Gardner Junior) died as a result of being left in a day care center van. It was reported that the temperature in the van once the vehicle was turned off reached 141 degrees Fahrenheit.  Tragically, Christopher was left on the van for 8 hours when he was finally located in the afternoon.  Certainly, this was a tragic event and day for Christopher’s family, extended family, friends, neighbors, and the community.  It was also reported that Christopher was signed into the facility in the morning.  It would appear that this was done without truly accounting for Christopher’s whereabouts.  Again, a watchful eye, attentiveness, and the dedicated use of a roll call list whether with pen and paper or an iPad or other electronic device would have avoid the tragic consequences as reported in West Memphis.

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By David A. Wolf, Attorney

Child Injury Lawyer Blog

Baby-Elements-Blue-Icons-copy-300x282In Virginia and other states, many parents rely upon day care centers to watch over their children during the work day.  Many such day care centers are connected to or affiliated with a church or religious institution. Unfortunately in many states, there are limited to no government oversight of religious or church run day care centers because there are loopholes and exemptions in state law that opt a church run or religious day care center out of the applicable day care center regulations.  As such, many day care centers go unregulated and often engage in negligent or dangerous behavior due to the lack of training and government oversight of the facility.  As such, many church run or religious based day care centers may seem safe and well run on the outside are actually riddled with dangers and risks on the inside.
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By David A. Wolf, Attorney – Child Injury Lawyer Blog

Toy Train.001In Utah and other states, day care centers have a duty to provide a reasonably safe educational environment for the children enrolled in the program.  It is important that the day care center follow all licensing requirements and have trained staff in place to meet the needs of the children. Supervision  and attentiveness are vital to the safety and welfare of the children.  The level of supervision will depend on the type of facility, number of children, age of the children, special needs of the children, time of the day, activity and other factors.  There are dangers lurking at all times that an infant or toddler is being cared for in a day care center. It is vital for staff members to be aware of the dangers and remove or prevent all such dangerous situations to the best of the ability and foresight of the day care center.

A recent tragedy was reported in at a West Jordan, Utah day care center.  It as reported that a toddler – Leonardo “Leo” Sanchez – crawled under a bean bag and ultimately suffocated.  A seemingly simple object – a bean bag chair – turned out to be a very dangerous object in a day care center for a small child like Leo Sanchez.  It is well known that small children are curious and will crawl into or go into areas which can be quite dangerous.  Another dangerous situation or object for a toddler or infant in a day care center is an unanchored dresser or TV stand.  There have been a number of reports of children being injured or even dying as a result of a dresser, TV stand, or TV that has fallen over on top of a child.  Sleeping and napping time can also present dangers as well to infants.  A stuffed animal or blanket can cause a child to suffocate during this otherwise seemingly safe part of a day care center.

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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 A. Wolf, Attorney
Child Injury Lawyer Blog
Kids Wooden Blocks Falling As Symbol For Education And Learning
In Oklahoma and other states, hard working parents rely on day care centers for the proper supervision and education of their children.   With both single parents and dual income parents, day care centers have become a necessity in order for parents to support their children.  Most day care centers do a fine job in caring for children in a loving and nurturing way; however, there are far too many child care providers out there who lack the maturity, patience, responsibility, and common sense to serve as a proper day care provider.  While it should be well known out there that shaking a baby, infant, or toddler can cause serious permanent injuries, there continues to be incidents reported that children have been injured by forceful shaking, corporal punishment, and / or the hitting of a child.  This, in turn, caused serious head and brain injuries to child who was supposed to be cared for rather than harmed in the day care center setting and environment.
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By David A. Wolf, Attorney

Child Injury Lawyer Blog
Building Block - M - Day Care CenterWorking parents rely on day care centers for the proper supervision and protection of their children.  For most children, a day care center is filled with love, support, and education; however, for some unfortunate children, a day care center is the site of abuse and neglect.  In certain tragic instances, the day care center is the location where the infant or toddler takes his or her last breath.  That’s right, far too many children die in day care centers due to negligence and even reckless conduct that rises to the level of a crime.
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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 and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Building Blocks Glossy -R - Day Care CenterIn Michigan and other States, parents rely upon day care centers to provide for a safe educational environment. One basic responsibility of the day care center is to supervise the children in a manner so that the children do not wander away from the facility.

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By David Wolf, Attorney

book-abcChild care providers should provide each and every child with a safe environment.  There is a duty to provide reasonable and necessary supervision.  While a day care center owner is not liable for every injury that takes place, it can be held liable for those injuries that result from the negligence or carelessness of the day care center provider.  It is vital that a day care center provider not only provide reasonable and necessary supervision but it is also important to provide prompt care and follow up when an injury or condition is observed by the day care center.   Unfortunately, many day care center providers attempt to “sweep or hide an injury under the rug” and fail to inform the parents of the injury so that timely and necessary medical care can be provided to the injured child.