By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Prince George County, Maryland, firefighters responded to a fire at an apartment complex. It was reported at the Firefighting News website that the fire was brought under control in 7 minutes. Children from a day care center were evacuated for safety reasons and the risks of injuries from fire / smoke inhalation / and / or danger from the damaged building. No injuries were reported.
By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Grand Prairie, Texas, twenty three children were injured in recent day care van accident. A story posted at The Dallas Morning News reported that the automobile / van accident took place near the Grand Prairie Municipal Airport. The driver and all of the child passengers were transported to local hospitals for treatment. There were no serious personal injuries reported; however, it will take some time and further evaluation to really determine the severity of the injuries to these children. Witnesses stated that that the van entered the intersection during a red light, collided with a SUV, and then rolled over.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Las Vegas, Nevada, police are investigating a day care center that was in operation from 2001 through 2009 called Holly Andrews’ Day Care. This day care center was based in a home and was licensed to care for up to six children. A story published in the Las Vegas Review Journal reported that the owner’s son (Matthew Joseph Andrews) was arrested and charged for sexual assault of a child. The arrest did not involve a victim from the day care center; however, since the arrest, two families have come forward with children with allegations that they were sexually assaulted for molested by Matthew Joseph Andrews when being cared for at this in home day care center.
By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
The Georgia Department of Early Care and Learning is the agency responsible investigating and fining day care centers in Georgia. This agency is investigating an incident involving a child in the day care program at A Child’s World, Hephzibah, Georgia. DJ Murray, age 6, was left on a day care school bus after being transported to the day care center. He apparently fell alseep while on the ride to the day care center.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Kansas and other Stated, day care owners / operators and child care workers have a duty to provide each child with a safe and clean environment. Tragically in Olathe, Kansas, a little girl (Ava Patrick) died in April 2009. An investigation revealed that Ava died as a result of getting her neck caught in part of a wooden fence used to enclose children in a room at the day care facility. It was also revealed that the day care center had capacity for 6 children yet had 14 children in the facility at the time of the incident. Jeanette Lawrence, the day care operator, has been charged with involuntary manslaughter, aggravated endangerment of a child and violating day care regulations. You can read more about this story at Kansas Day Care Operator Is Charged with Crimes Involving Death of Child at Day Care Center.
By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. Pursuant to Section R9-5-510 – AAC – Discipline and Guidance, child care facilities / day care centers have a duty to ensure that staff members follow specified rules and procedures for guidance and discipline. A facility can define and maintain consistent and reasonable rules for guidance and discipline involving a child’s behavior in the facility. A staff member cannot use a method of discipline that could cause harm to the safety, health or welfare of the child. Corporal punishment measures are prohibited. A staff member also is prohibited from using eating, napping, sleeping or toileting as means of discipline when a child misbehaves in a facility. In other words, a staff member cannot use hot sauce to discipline a child or deprive a child of fluids or food as a disciplinary measures. Mechanical restraints are also prohibited. These rules and regulations (if followed) can help prevent injuries to child by employees who believe that force and corporal punishment are the answers to disciplinary problems. If you believe that your child has been abused or neglected in a day care center / child care facility, call an Arizona child injury lawyer for consultation as to your child’s rights under Arizona law and actions that can be taken against the facility that violates your child’s rights.
By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. Pursuant to Section R9-5-307, AAC, a licensee or staff member has a duty to report suspected or alleged child abuse or neglect to the State of Arizona Child Protective Services or to local law enforcement. The Department shall be notified within 24 hours of the required reporting. Within three days of reporting, the facility shall send written documentation to the Department and any law enforcement agency previously contacted. The written documentation shall be maintained by the facility for 12 months.
By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Baton Rouge, Louisiana, a child died while under the care of Wanda’s Kids World (day care center / child care center). It has been reported that Wanda’s Kids World had a liability insurance policy in effect with Colony Insurance. Recently, Colony Insurance filed a lawsuit seeking a court order to determine its obligations (if any) for the injuries / death by the child who was left unattended in a day care center van. It is position of Colony Insurance that no coverage would apply under this particular insurance policy since the incident involved a vehicle (van) which is (according to Colony) excluded under the policy. In Louisiana and other States, an insurance policy is a contract between the insurer (Colony Insurance) and the insured (Wanda’s Kids World). The contract (insurance policy) must be read to determine coverage under the policy. Attorneys are skilled in reading contracts and insurance policies to determine applicable coverage. The review of the insurance policy may require a review of applicable Statutes, Code provisions, insurance regulations, and Court rulings. In this case, Colony Insurance is seeking a court order to hopes that the Court will rule that Colony has no duty to pay or provide coverage for the wrongful death of the child who was left unattended in the vehicle.
By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Michigan and other States, drivers should exercise due caution when making left hand turns across lanes of traffic. This is especially true in school zones or where there are day care centers. In Genoa Township, Michigan, a serious automobile accident took place when a driver (Eric Wint) attempted a turn onto Grand River Avenue. Michigan State Police are conducting an investigation into this accident. According to a Michigan State Trooper, it is believed that Wint may not have seen the other vehicle in this T Bone type of accident. The impact of this crash pushed Wint’s Chevrolet Malibu into a local day care center (School Bell). None of the 40 or so students were injured as a result of this automobile accident. Mr. Wint was transported to the hospital with serious injuries. The other driver was also transported to the hospital and later released. You can read more about this automobile accident and see a news video regarding the crash at Driver in Critical Condition Following Michigan Crash into Car and Day Care Center.
By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In St. Louis, Missouri, a child was left a day care center van at the zoo. According to reports from the St. Louis Police Department, a 3 year old was left on a day care center van. The van was operated by the Heaven 24 / 7 Learning Center that was on a field trip on June 9th to the St. Louis Zoo. A visitor to the zoo heard a child yell for help from the van. The concerned patron was able to locate the day care group a few minutes later. The day care child care workers later admitted to failing to conduct a head count and failing to realize that a child was left behind. This kind of negligence could have caused serious personal injuries and even death to a child in a hot vehicle over summer months. You can read more about this story at Child Left in Day Care Van at the St. Louis Missouri Zoo.
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