Child Injury Lawyer Blog
Playground Safety – Slides, Swings and More
By Sara Schlafstein, Law Clerk and David Wolf, Attorney
Published by Child Injury Lawyer Network
Articles Posted in Day Care Centers and Child Care
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Is a Georgia Day Care Center Liable for the Death of a Child When There are Rule Violations?
By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Brunswick, Georgia and other cities, day care centers are responsible for the health, safety, and welfare of the children enrolled in the program. Home based Georgia day care centers are regulated, inspected, and governed by DECAL – Georgia Department of Early Care and Learning. DECAL is responsible for meeting the child care and early education needs of Georgia’s children and their families. Here is a link to the website for the Georgia Department of Early Care and Learning.
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Are Infants at Risk During Sleep Time at Day Care Centers?
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In California and other States, parents depend on day care center to watch over their children while they are at work. Most people recognize that there may be dangers in a day care center in the form of a swimming pool, aggressive dog, sharp objects, poisons, traffic, and other dangers. Many people, however, do not realize that it can also be quite dangerous for a child especially an infant at a day care center during sleep time or nap time. There is a risks of suffocation, asphyixation, and SIDS (Sudden Infant Death Syndrome) when an infant is placed in an unsafe sleeping environment. Here are some risks that may be present in the day care center:
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Is a Day Care Center Responsible for the Death of a Child Found Unresponsive at the Day Care Center?
By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Brunswick, Georgia and other cities throughout the United States, parents rely upon day care centers for the supervision of their children. Most children are cared for in a supportive learning environment that truly focuses on the best interests of the children. At times, children are injured and even die while under the care of a care care center. Is a day care center automatically liable when a child is injured or when a child dies while under the supervision of the day care center? The simple answer to this question is “No”. A day care center is not automatically liable but is potentially liable if a parent can prove the following elements to a case:
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Should a Day Care Center Have Policies in Place for Sleep and Nap Time? (Tragic Death Reported in Sioux Falls, South Dakota)
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In South Dakota and other States, there is a time during the day that a child is put at risk even though it is not so obvious to some child care providers. That time of day is sleep time or nap time. A child is put at risk for serious personal injury and even death if a child is put to sleep in a dangerous position. A child is also put at risk when there is a lack of ongoing supervision during sleep or nap time. Because of these significant risk, a day care center should have policies in place for sleep and nap time. Bedding materials should be carefully selected and all other hazards including pillows, blankets, window cords, and stuffed animals.
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A Parent’s Dilemma – My Child Was Hurt at a Day Care Center – What Should I Do Next?
By David Wolf, Attorney
Published by Child Injury Lawyer Network
Parents rely upon day care centers for the supervision and education of their children. Day care is a necessity in order to allow parents to fulfill their work commitments and provide for their families. A quality day care center focuses on the needs, safety, and the best interests of the children. At times, children are injured while under the supevision of a day care center which then presents a whole host of challenges for the parents.
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Can a Civil Case be Brought for an Accidental Shooting Causing Injuries or the Wrongful Death of a Child?
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In the United States, we have a constitutional right to bear arms. A right that is very important to gun owners and people who feel strongly about the Second Amendment. Even though there is a right to gun ownership, it does not mean that the handling, storage, operation, and maintenance of a gun is without responsibility. A gun owner should take reasonable efforts to secure and safeguard guns in his possession. This is especially important in homes, day care centers, and other areas where children live or children visit. It is important for a gun owner to be trained and obtained knowledge as to the proper maintenance in to avoid any malfunctions during use and even to avoid any malfunctions or accidental shootings during the cleaning and maintenance of the gun. Unfortunately, children are injured and even die every year due to an accidental shooting and/or the negligent maintenance, ownership, or storage of a gun. When there is a shooting, there can be a criminal case prosecution if local law enforcement and the state or district attorney determine that the acts were criminal in nature under the applicable laws, statutes, or ordinances. An incident is certainly committed and can be prosecuted if it was committed with intent. An incident can also be deemed criminal in nature if the condut of the shooter and / or the gun owner was reckless in nature. Separate and apart from the potential criminal case, there may be a civil case to pursue against the gun owner, shooter, and / or property owner where the incident took place. A civil case, unlike a criminal case, seeks compensation for not only medical bills but also for pain, suffering, and loss of enjoyment of life. Typically, there are four elements to a civil cause of action involving allegations of negligence or carelessness as follows:
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What if a Child is Abused or Molested by Another Child in a Day Care Center?
By David Wolf, Attorney
Published by Child Injury Lawyer Network
A day care center should be a safe haven for children. It should be a place where children learn and play in a supportive and nurturing environment. Certainly, a child should be free from abuse, neglect, and molestation while under the supervisionb of the day care center. For licensed day care centers, background checks are typically required. This helps weed out prospective employees with a troubled past including a criminal history of abuse and / or molestation. Furthermore, day care center workers should be trained and prepared to meet the needs of all the children enrolled in the child care facility. Unfortunately, for some children at day care centers, there are days filled with abuse and molestation. Some incidents result from carelessness, negligence, and inattention of the day care center staff. Some incidents are caused by hands of the very workers charged with the responsibility of caring for the children. Other incidents are child on child incidents. Yes that’s right, some children are abused, neglected, and / or molested by their classmates. When incidens like these area, I am asked by parents as a Child Injury Lawyer the following question:
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How can Child Care Providers ACT to prevent Heat Stroke and Hot Car Personal Injuries and Deaths?
By David Wolf, Attorney
Published by Child Injury Lawyer Network
A problem that has been reported throughout the United States involves hot car deaths and heatstrokes resulting from leaving a child unattended in a vehicle that is turned off. Some child care providers leave children in a vehicle for a quick errand and see no harm in leaving a child alone in a vehicle for a few minutes which is all that is needed to cause serious permanent injuries or even the death of a child. In some instances, the child is left unattended in a vehicle due to inattention and other matters occupying the mind of the parent, child care provider, or other person. Incidents involving hot care deaths can be prevented. Whatever reminder system can be put into place – the impact can be quite dramatic if even one child is spared the horrendous end of life mistake by another person by leaving the child unattended in a vehicle.
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Can a Civil Case Be Pursued Concurrent with a Criminal Case? (Child Abuse at a Day Care Center)
By David Wolf, Attorney
Published by Child Injury Lawyer Network
Day care centers should be safe havens for children. They should be a place where children are taught, supervised, and nurtured in a supportive environment. Unfortunately for some children, day care centers are anything but a safe haven for children. Some children are even the victims of criminal actions of the very people charged with caring for the children. When the conduct of a day care center worker rises to the level of maliciousness or recklessness, criminal charges may be brought against the day care center worker for crimes as defined by the State laws and, in some cases, the applicable Federal laws.