Articles Tagged with personal injury attorney

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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.

Published on:

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
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.
Published on:

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.

Published on:

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.

Published on:

By  David Wolf, Attorney

Published by Child Injury LawyeBlog

Poster art illustration of an american football gridiron runningback player running with ball facing front done in retro style with words National League Championship.
The recent death of a Louisiana High School student from what appears to be a football related injury raises a question as to the dangers of the sport as well as the future of the sport.  It was reported that Tyrell Cameron, a 16-year-old Franklin Parish High School player, was hurt while covering a punt in the 4th Quarter of a game against Sterlington High School.  Tyrell collapsed after colliding with another player.  A full autopsy will be performed to determine if there were any other causes or conditions that contributed to the tragic death of this teenager. See Louisiana High School Football Player Dies After Suffering Injury During a Friday Night Game. 

Published on:

By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Accident Report - UrgentStrange as it sounds, children enrolled in day care centers throughout the nation are at risk for personal injuries from cars, trucks, or motorcycles crashing into a day care center.  That’s right, there are news reports for this type of incident happening in day care centers in most states.  Many day care centers are located off of busy streets.  For some, automobile accidents are a common event.  It may be just a matter of time for some day care centers before a vehicle crashes into the facility.  Does the day care center have a duty to put up crash barriers in high traffic areas?  That is an excellent question.   When dealing with a day care center or any business liability issue for that matter, it is important to review the applicable laws, rules and regulations.  Furthermore, the liability of a day care center or a business is judged or evaluated on what is reasonable and practical under the circumstances.   For may crashes into day care centers, the incident or event is quite surprising to the day care owners, children, and parents.  Certainly, if there was negligent driving in the form of excessive speed, distracted driving, or failing to to obey traffic regulations, a case or claim can be pursued against the operator / driver of the car, trucking, or motorcycle.   Insurance can be a big problem these matters. Hopefully the at-fault driver obtained decent insurance that will cover medical bills, pain and suffering, and the damages related to the crash into the day care center.
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By  David Wolf, Attorney
Building Blocks - B - Day Care CenterWhile under the care of a day care center, a child should be supervised in a safe and clean environment.  Here are a few things that we know about all children and especially toddlers and infants.
Published on:

By  Keith Kerfeld, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Fireworks - Child SafetyDuring the month of July and especially on or near the Fourth of July, fireworks are commonly ignited. Some fireworks are set off at the family home while others are at a more former celebration like a public park, downtown area, community center, or stadium.  It is vital that fireworks are ignited in the safest manner possible.  Unfortunately, despite the known risks of fireworks, children are injured every year.  Many such personal injuries are preventable.

Published on:

By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Video Surveillance - Day Care CenterMany day care centers across the nation have video surveillance equipment in place to monitor the children under the care of the day care center.  The video surveillance is also used to monitor the care being provided to the children enrolled in the day care center.  In most States, there is no legal requirement per se that requires a day care center to have the video surveillance in place. Some may even argue that such video surveillance would violate the privacy rights of the children, owner, and / or staff members. When a parent enrolls a child in a day care center, a parent should look for transparency and full disclosure by the day care center.   Video surveillance can go a long way to keeping both the children and staff members in line.  Better yet, if a parent has online access to watch the streaming video live while a child is at a day care center can help put another set of eyes on the children and staff at a day care center.