Articles Tagged with negligence

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By David Wolf, Attorney

Child Injury Lawyer Blog

Child-Care-SupervisionIn Alabama and a number other States, day care centers can be broadly separated into three groups:  Licensed, Unlicensed by Exemption, and Unlicensed by Violation.  While the licensure of a day care center does not guarantee that a day care center is free from risks, hazards, and negligence, the licensure of a day care center does provide for important oversight by the State.  With oversight, there is usually voluntary compliance with the applicable day care and child care rules, regulations, staffing, training, and safety standards.  Many parents are not qualified to know what the required staff to child ration should be or what training should be completed for child care providers. Furthermore, there is a certain value to having rules and regulations in place to guide a day care center as what needs to be in place to obtain a day care center license and to keep such a license.

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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, Child Injury Lawyer Blog

Child Care Toys - SupervisionIn California and other States, children are supervised or placed in a child care setting at a gym, fitness facility, and other “non-traditional” location. In California, licensing is not required for many of these so called child care programs.  As such, there is limited to no oversight of the child care program, facilities, and training.  This, in turn, may put a child at risk for personal injuries while being supervised, placed, or merely just physically present in the “child care” part of the gym, fitness facility, and other “non-traditional” location.  Even without the imposition of the state mandated and controlled day care center regulations, gyms, fitness facilities, and other locations still have duties of reasonable care when such locations take on the responsibility for watching or supervision children.

A Bay Club fitness facility in San Francisco, California, currently awaits trial for this very issue. Two years ago, a young boy suffered a head injury when his mother dropped him off at a childcare center in this health club. The childcare worker at the facility did not see the injury occur, but the children who witnessed it said, “Roman ran into the window and fell down.” As a result of the injury, the young boy is now undergoing speech therapy, occupational therapy, physical therapy, as well as post-traumatic stress disorder therapy. See Exclusive: Bay Club in San Francisco  Faces Trial After Child Injured.

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By David A. Wolf, Attorney – Child Injury Lawyer Blog
Building Blocks - A B CWhen a child is placed under the care of a third party in the form of a nanny, babysitter, child care provider, and day care provider, it is important that the person caring for the child act in a reasonable and conscientious manner.  Certainly, the child care provider should be attentive to the needs to the child and act at all times in a calm, professional, and caring manner.  Unfortunately, far too many children suffer injuries while under the care of a third party due to inattention, neglect, distractions like a mobile phone or tablet, and other reasons. Communication and documentation can be quite helpful to parents who are concerned about the well-being and care of the child during the time periods that the child is under the care of a third party.  If the child is enrolled in a licensed day care center, there are requirements for documentation that in many instances are a bit minimal.  For children being watched by a nanny or babysitter, there are no documentation procedures or requirements in most states.  As such the care and documentation for the same are up to the respective nanny, baby sitter, or child care provider and the parents who hired the third party.  A couple in Dover New Hampshire developed a program / app called Cubby Notes which provides child care providers a tool to document the care, observations, condition, and well-being of the child while under their care. See New Hampshire Couple Develops Cubby Notes for Child Care. 
It is a tool that can and should be used by all nannies, babysitters, and child care providers.  While the app or tool is not a guarantee that a child will be well cared for, it is a useful tool that keeps the duty of care as top of mind for child care providers.  There is a maxim in the medical world as follows:  “If it is not documented – it is not done.”   This is a simple but important motto that can and should apply to the day care settings as well.
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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 A. Wolf

Child Injury Lawyer Blog
cal-0814-cl5-funpark11During most visits to a theme park or amusement park, the days and nights are filled with fun, laughter, time with family and friends, cotton candy, and just plain old fashioned fun.  Unfortunately, for some children or adults, a visit to a theme park or amusement park can end with a serious incident / accident causing personal injuries.  Amusement parks and theme parks advertise to and welcome adults and children alike to the rides, grounds, and attractions.  As such, it is vital that all rides and attractions are probably assembled, up to date on inspections, and operated by trained and conscientious ride attendants.  If a ride is not properly secured or latched, some terrible personal injuries can result.   Furthermore, if one bolt or piece of tract is out of place or out of repair – then other similar mishaps can take place leading to serious personal injuries.  Like other cases involving personal injuries, there are four essential elements to pursue a case or claim for personal injuries taking place at a theme park or amusement park as follows:
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By David A. Wolf
Child Injury Lawyer Blog
Justice Red White and BlueWorking parents do their best to support the family.  In doing so, working families need the services of day care centers.  Most day care centers are well run by caring individuals.  However, there are many day care incidents and wrongful death incidents out there that do and should cause concern for all working parents which children enrolled in a day care center.  When a child dies, there are in many instances more questions than answers and sensible explanations for the death of the child.  It should be made clear that an infant and toddler at a day care center need supervision at all times including sleep and nap time.  When a child mysteriously dies at a day care center, there is typically an investigation by local law enforcement and the social service agency that licenses day care centers.  An autopsy should be performed to help determine the cause and preventability of the death of the child.
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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Child Care Note Or Message As Reminder For Kids Daycare

In Georgia and other states, day care centers provide working parents with an ability to fulfill work responsibilities and place their children in an environment that is supposedly safe and operated by trained staff members.  When caring for infants, toddlers, and small children, there are risks of injury with everyday activities of daily living like feeding time, play time, and, yes, even nap or sleep time. A high chair can pose a risk of injury to a child if the child is not properly strapped in AND supervised in a consistent manner by the day care center staff.

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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Truck Accident.001In Texas and other states, commercial trucks and semi-tractor trailers are common on the streets, roads, and expressways.  Due to the size of these trucks, it is important that the truck driver take all proper and necessary safety precautions for the safety of other drivers and passengers who will travel on and through the same streets, roads, and expressways. One measure that should be taken is to inspect the vehicle before departure to make sure that the height and width of the truck can safety travel under and through all bridges and overpasses.  For instance, if the truck is equipped with a boom or crane, it is vital that the boom or crane is lowered and otherwise secured that the truck is safe for travel through all roadways on the intended itinerary.  If there are any objects that are too tall or wide for safe travel, there can be disastrous consequences, accidents, crashes, personal injuries, and wrongful deaths.

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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Fireworks Personal InjuriesThere are certain times of the year in which the sales and ultimate ignition / explosion of fireworks are prevalent – July 4th (Independence Day), New Year’s Eve, and New Year’s Day.  It is at these very times of year that there are reports of both minor and serious personal injuries suffered by innocent children and adults merely in the area of the fireworks at bystanders and spectators.