legal rights

Published on: July 18, 2016

What if a Child is Abused, Neglected or Molested in a Day Care Center? Legal Rights of the Injured Child

By Wood, Atter & Wolf, P.A.

By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Busy working parents rely upon day care centers, child care centers, and summer camps to provide a safe learning environment for children. On most days for most children, there is excellent education, supervision, and care. Unfortunately, for far too many children, a day care center, child care center, or summer camp is the site of a abuse, neglect, and molestation of a child. It is tragic when a child is subject to abuse or neglect in the very environment where the child should be protected. When a child is abused or neglected in a day care center, the parent of the child can pursue a civil case or claim against the day care center, the day care center worker, and others who may be liable or at-fault for the injuries caused to the child. It should be noted that a civil case is quite different than a criminal case or an administrative case against the day care center work and owner. A civil case can be brought assuming that a parent can establish the following four elements against the Defendant as follows:

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Published on: April 25, 2016

What are the Legal Rights of Injury Victims (Children and Adults) in a Crash with a Semi Tractor Trailer?

By Wood, Atter & Wolf, P.A.

By David Wolf, Attorney and Robert Chaiken, Attorney

Published by Child Injury Lawyer Blog

In communities throughout the United States, there is a common danger that is out on the roadways – day and night. The common danger is in the form of large commercial vehicles and semi-tractor trailers. Certainly, companies have a right to conduct business and it is proper to utilize commercial trucks and semi tractor trailers in intrastate commerce and in interstate commerce; however, when the commercial or truck driver crashes into other vehicles or causes a crash due to the negligent driver of the commercial or truck driver then there is a cause of action against both the driver and the company that he or she is driving on behalf of. When there is a crash with semi tractor trailer, the resulting damage to both other vehicles, drivers, and passengers can and often is quite significant and in some cases tragic and devastating. Certainly, all drivers have a duty to operate the motor vehicle in a safe and reasonable manner by observing and obeying speed limits, street signs, traffic, and weather conditions. Commercial and truck drivers have special training or at least should have special training to operate such large vehicles. It is important that the trucks are well maintained and that driver logs are meticulously maintained and followed. One drowsy or overworked truck driver can change the life of another person and his or her family in a split second.

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Published on: November 23, 2015

What are the Legal and Practical Issues Involved in the Wrongful Death of a Child at a Day Care Center?

By Wood, Atter & Wolf, P.A.

By David Wolf, AttorneyPublished by Child Injury Lawyer Blog

In 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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