Articles Tagged with 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.
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By David Wolf, AttorneyPublished by Child Injury Lawyer Blog

cal-0814-va4-nurser_04In New Hampshire and other States, hard working parents rely on day care centers to supervise their children in a safe and nurturing environment.  It is well known that children especially toddlers need supervision at all times in all parts of the day care center including the classroom and the playground.  If supervision is lacking, a child may end up suffering serious personal injuries or even death while at the day care center.  It is important that the supervision provided be in compliance with local and state day care center regulations including the staff to child ratio, background checks, and training.  Furthermore, distracted supervision is not the same as supervision.  If a teacher or child care provider is present or near the children but otherwise occupied by a mobile phone, tablet, or some other distraction, supervision may be lacking which, in turn, may lead to serious consequences and injuries.
In New Hampshire, it was reported that a day care owner was convicted in a criminal proceeding for the death of a 4 year old girl.  The incident took place in the backyard of the home day care center located in Enfield, New Hampshire.  It was alleged that the day care center owner put the children at risks for the lack of supervision.  The child died after a two day hospitalization.  The child was found hanging by her coat in the backyard.  This was a criminal proceeding involving the conviction of the day care owner. Since the facility was unlicensed, there is a strong probability that there was a lack of liability insurance.  Because of this, there were most likely practical financial obstacles to successfully pursuing a civil case AND collecting upon a settlement or judgment. See New Hampshire Day Care Center Owner Convicted in Death of Four Year Old Child. 
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By David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

book-abcIn Tennessee and other States, working parents rely upon day care centers to provide the health, safety, welfare, supervision, and guidance of their children. When selecting a day care center, a parent has a number of factors to consider including location, costs, hours, compliance, history, licensure, and in some States like Tennessee a Star Quality Program.

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By  David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Building Blocks - B - Day Care CenterIn New Mexico and other States, children are supervised in day care centers by child care providers who in most facilities provide a safe and loving environment for the children. Unfortunately, there are child care providers out there who simply lack the patience, training, maturity, and proper attitude to serve as child care providers.  Some of these child care providers respond to a child that is crying or otherwise not following instructions by assaulting, dragging, striking, or otherwise abusing the child in the very setting that should be a safe haven for the child.

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By  David Wolf, Attorney

Published by Child Injury LawyeBlog

hot-dog-4-052314-akpMost people are aware of the risk of injuries and death to children resulting from an automobile accident, bicycle accident, pedestrian accident, and drowning.  One common cause of death that is not so obvious to some parents and caregivers involves choking on small objects.  For instance, hot dogs are particularly risky to young children.  The cylindrical, compressible object can become lodged in the airway of a child.