Articles Tagged with lawsuit

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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 A. Wolf

Child Injury Lawyer Blog

House with Red Roof Personal InjuriesOne of the safest place for children should be the home.   As parents, we work tirelessly to provide for a clean and safe living environment for our children.  Other safe places for children should include schools, day care centers, child care centers, and summer camps.  Unfortunately for some children who are in some supposedly safe environments, serious injuries take place.  When a company manufacturers, distributes, and / or sells a household product, piece of furniture, or safety gate, the consumer should be able to justifiably rely on the quality of the product and the intended use and function of the product.   A recent recall of safety or child gates by IKEA is a prime example of a product that allegedly failed which, int turn, caused personal injuries to unsuspecting children.   The safety gate had a latch that apparently disengaged which, in turn, allowed the gate to open.   The safety gate was used in many homes to block off an area leading to or from stairs in a home.   Stairs can be extremely dangerous to infants, toddlers, and small children.   It should be noted that a products liability case like other types of personal injury cases involves four essential elements as follows:

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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  Steven R. Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

New York City StreetIn New York and other States, parents rely on day care centers and the transportation provided by day care centers during working hours.  It is essential that day care centers carry out these responsibilities with due care and caution. It is well known that children (especially children under the age of 5 years old) lack safety awareness and good judgment. Because of this, it is vital that the child care providers and day care staff members follow applicable rules and regulations and otherwise perform their duties with a sense of professionalism and due diligence.  Finally, there is something that every day care center staff members should have from the lowest level employee to the administrator / owner – common sense.  While there are many rules and regulations, it is impossible for these day care center rules and regulations to cover every incident that could take place at a day care center. As such, the concepts of reasonableness, due diligence, and common sense should all come into play during the care, supervision, and transportation of children.
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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: