Articles Tagged with personal injuries

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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, Child Injury Lawyer Blog

Skateboards-300x249Let’s face it. There is never a good time for a child to be injured.  As parents, we work tirelessly to provide for our children and keep them safe.  Unfortunately, situations, incidents, and accidents take place that lead to or cause personal injuries to children.  Some incidents are foreseeable and some are not.  Some are preventable and some are not. For instance, if a child is a passenger in a motor vehicle that is rear ended, there typically is nothing that could have been done to prevent the accident from taking place in most situations.  There are other injuries that take place during the holiday season that may be prevented or lessened through better supervision and the implementation of safety measures.

Many children are injured during the holidays after receiving new toys that require balance that they have yet to obtain. To avoid this, children must have appropriate supervision when playing with their new toys. In addition to lack of supervision with new toys, some toys may also have manufacturing or design defects that can cause injuries to a child.  In addition, injuries during the holidays occur because there are more people on the roads due to holiday travel. It is important to have properly installed car seats and booster seats to minimize the risk of injury in an accident, it is also important to have the proper equipment for traveling in harsh weather conditions such as ice and snow. However, even with these safety measures, some accidents are unavoidable and require legal guidance. Yet another reason that injuries occur during the holidays is an increase in alcohol consumption due to holiday festivities such as New Year’s Eve.

Published on:

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:
Published on:

By David A. Wolf
Child Injury Lawyer Blog
medical_2008015232-1113int.epsThere was a tragedy reported at an Oklahoma State University homecoming parade event.  It was reported that the crash into the crowd ended the life of a graduate student, a toddler, and a couple who had worked for Oklahoma State University for many years.  A day that was supposed to be filled with fun times and food ended in grief and sorrow for the family and friends of the victims as well as the entire OSU community.
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By David Wolf, Attorney and Robert Chaiken, Attorney

Truck Accident.001In 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.
Published on:

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 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

School Bus CrashDuring the school year, millions of children are transported to and from school in yellow school buses and similar transportation.  Unfortunately for some of these children, a school bus accident results in serious personal injuries and even death.  Like other driving situations, a school bus driver has a duty of reasonable care while transporting children.  If a school bus driver is negligent, then a case or claim can be pursued against the school district, city, and / or county.   It should be noted that the notice requirements are different for public schools and there may be limitations or caps on the damages recoverable by a child when the child is injured due to the negligence of a public school bus driver.  Because of the complexity of these cases, it is important that a parent contact a Child Injury Lawyer for advice, counsel, and, when appropriate legal representation.
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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. 
Published on:

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.