Articles Posted in Day Camps / Summer Camps

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By  David Wolf, Attorney

Building Blocks Glossy - P - Day Care CenterIt is not difficult to find stories – horror stories better yet – about unlicensed day care centers in Louisiana, Florida, and other states.   When you see a news article posted about an unlicensed day care center, you will often read about a child being injured or put at risk or danger of personal injury while under the care of the unlicensed day care center.   These child care providers are “operating in the shadows”.  Without any oversight, rules, or regulations, many unlicensed facilities do just what is necessary to convince the parents desperate for child care to part with their hard earned money.   While there are some unlicensed facilities and day care centers that happen to do just a fine job, there are so many others that are truly cutting corners and putting the dollar over safety concerns and measures for the children.
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By  David Wolf, Attorney

Published by Child Injury Lawyer Blog

Building Blocks Glossy - P - Day Care CenterUnfortunately, spankings and corporal punishment are still prevalent in many communities.  It is a tradition that has been literally handed down from generation to generation.  While there may be some time and family history to spankings and corporal punishment, the fact is that most States ban such activities and disciplinary measures in most day care centers and child care facilities.  Some church based or religious based institutions may have an exception from such State regulation.  Even in circumstances where spankings and corporal punishment are permitted, there are still child abuse laws in place that make it actionable or criminal if the spanking or corporal punishment is excessive and causes physical marks and / or the need for medical evaluation and treatment.  Clearly, the best way to make sure that a child is not subjected to excessive corporal punishment is just to refrain from it completely.   Corporal punishment and spankings put a child at risks especially by an adult who does not fully realize the size differential and the force that is applied when engaged in corporal punishment or spankings. Furthermore, it should be noted that many day care providers are angry when giving out punishments which can lead a day care provider to be out of control and really cause significant permanent injuries to the child.

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 By  Andrew Baker, Attorney and David Wolf, Attorney

Building Blocks LIn Ohio and other States, licensed day care centers are regulated and overseen by a state social service agency. In Ohio, it is the Department of Children and Family Services is the social service agency that regulates day care centers.   When a facility is cited by the Department or charged by the police with failing to provide appropriate care, sanctions can result in the form of fines, arrest, license probation, and license suspension.   A caregiver, individually, can be arrested and fined as well.  It should be noted that the administrative proceeding and criminal proceeding are quite different than an insurance claim and civil case.   When rules and regulations are violated, the state can step in to discipline and fine the facility and / or its staff members.  For a civil case or an insurance claim, the elements of a case are a bit different especially when it comes to the element of damages.  For instance, a facility may violate a bunch of different building codes and get shut down by the state; however, if there are no harm caused to any of the children – there may not be a civil case or insurance claim to pursue.  Just because a day care center violates a rule or regulation or even engages in conduct that is criminal in nature – this does not mean that there will be a big settlement or any settlement for that matter on behalf of the child.
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By  Jonathan Safran, Attorney and David Wolf, Attorney

Nap Time - Moon and StarParents rely on day care centers during the working day to care of the child in an environment that is safe and clean.  One overlooked area of child care in a day care center can be the sleeping or napping arrangements.  Children especially infants are at risk for injury during sleep and nap time.   An infant should not be placed in an adult bed or even a toddler bed for that matter.   Pillows and soft objects should be removed from the crib area or sleeping area for the infant.  Swaddling is also something that many pediatricians and experts advise against.
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By  Keith Kerfeld, Attorney and David Wolf, Attorney

Day Care Center Sleep and Nap TimeParents rely on the day care centers and child care centers for the supervision of their children.  There are some obvious risks that need to be accounted for in and around the day care center.  For instance, if the day care center is in a busy commercial area, children should be closely monitored to prevent a child from wandering out the door or wandering out of the fenced area and into traffic.  Wandering into traffic is an obvious danger.   A not so obvious danger involves sleep or nap time. One would think that the safest place for a child at day care center would be the crib or the sleeping area.  One would think that a child could not possibly be harmed while engaged in the relaxing slumber of a good sleep or a good nap.  However, this is the very time and place in which many children are harmed especially toddlers and newborns when the sleep area is unsafe for the age or size of the child AND / OR when the sleep or nap time supervision is lacking or dangerously non-existent.   Most states in the day care and child care regulations set forth rules, guidelines, and regulations for sleep time / nap time related responsibilities of the day care center. One such state is Minnesota.
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 By  David Wolf, Attorney

Gymnast Personal InjuryIt is certainly an important part of childhood for most children to participate in some sports related activity.  From football to cheerleading to gymnastics to soccer and all sports in between and beyond, youth sports and related activities help make our children more active and better rounded as they mature and head out into the world beyond high school.   For some children especially those in elementary and pre-school, participation in sports related activities can and do lead to serious personal injuries.  Are there inherent risks any time that a child participates in an activity or sports related practice, game, or exhibition?  The simple answer to this question is “Yes”.  However, there are two questions that should be answered when evaluating a potential case involving a sports related activity:
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 By  Steven Smith, Attorney and David Wolf, Attorney

Building Blocks Glossy -R - Day Care CenterIn New York and other states, there is a nightmare that parents have experienced with a day care center.   The nightmare has a common time line.  Here is is:
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By  Keith Kerfeld, Attorney and David Wolf, Attorney

Building Block - M - Day Care CenterIn Minnesota, day care centers are only as good as the staff that they hire.  It is important that a day care center perform a background check, train, and otherwise supervise the staff members providing care to the children enrolled in the day care program.  Due to a lack of training, supervision, or just inaction, apathy, or lazziness on behalf of the child care provider, children are far too often injured while under the care of a Minnesota day care provider.   There are two major reasons why children are harmed while under the care of a day care center:  1. Improper Maintenance of the Day Care Center; and / or 2. Improper Supervision.   Let’s address the second reason:  Improper Supervision.

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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 Roy Dickinson, Attorney and David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Fire Rescue - Blue TruckWhen a parent drops off a child at a day care center, the parent expects that the child will be cared for in a clean and supportive educational environment. The reasonable expectation of the parent is to pick up a happy, healthy child at the end of the day.  With single parent families or dual income working families, day care centers are essential for the family to be able to deal with life changes and stresses.  A good and caring staff at the day care center can go a long way to providing for the needs of the child.   Unfortunately, for some children, serious personal injuries and even deaths result at the day care center.  Is the day care center responsible or liable for every incident?  The answer is No.   Let’s go back and take a closer look at this particular question. The important words are “every incident”.   Just because a child is injured or even dies at a day care center, this does not mean by itself that the day care center is liable for responsible for the injuries.
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