Articles Posted in Day Care Centers and Child Care

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By David A. Wolf, Attorney – Child Injury Lawyer Blog
Trampoline Park and Bounce House Personal Injuries.001Over the past few years, there has been a growth in the number and presence of trampoline parks and indoor bounce house locations and facilities.  While these recreation, sports, amusement park, and theme park attractions can be great ways to have fun and exercise, they are also the locations of unfortunate and preventable injuries to children.  There are risks with any forms of physical activity and sports.  There are also safety measures and rules that should be followed to reduce these risks. If children, parents, and facility supervisors follow and enforce the rules and safety measures, many personal injuries can be prevented.
When a child is a guest or visitor to a trampoline park or bounce house, there is a duty on the part of the trampoline park / bounce house operator and owner to provide a reasonably safe play environment for the children.  The duty is one of the four elements necessary to prove up a case for personal injuries on behalf of the injured child.  The four elements are as the following:
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By David A. Wolf, Attorney – Child Injury Lawyer Blog
Day Care Video Surveillance.001When a child is injured at a day care center, it can at times be a mystery as to how and why the child was injured.  This is especially true when a day care center work lies or hides acts of abuse, neglect, and corporal punishment.  Video surveillance, at times, captures the very acts of abuse or neglect inflicted by the very same day care center providers who have the legal duty to protect, support, education, and care for the child.  Most states prohibit any kind of corporal punishment and criminalize the acts.  As such, if a day care center work strikes a child, criminal charges can be brought against the day care center work; however, it should be noted that the criminal prosecution of a day care center worker caught on video hitting a child is not automatic.
Each incident or case is evaluated by the local law enforcement and the prosecutor’s office to determine if a crime was committed and if enough evidence can be presented to successfully prosecute the day care center worker.  If bad acts are caught on video, many people may assume that the day care center work is going to jail or prison; however, no assumptions or presumptions should be made on any particular case as to criminal prosecution.  Furthermore, it should be noted that the pursuit of a civil case is also something that needs further review by the parents and a Child Injury Lawyer as to the elements of the case and the practicality of pursuing the case.  The elements of a civil case or claim for day care center negligence, harm, assault, or corporal punishment are as follows:
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By David A. Wolf, Attorney – Child Injury Lawyer Blog
Building Blocks - A B CWhen a child is placed under the care of a third party in the form of a nanny, babysitter, child care provider, and day care provider, it is important that the person caring for the child act in a reasonable and conscientious manner.  Certainly, the child care provider should be attentive to the needs to the child and act at all times in a calm, professional, and caring manner.  Unfortunately, far too many children suffer injuries while under the care of a third party due to inattention, neglect, distractions like a mobile phone or tablet, and other reasons. Communication and documentation can be quite helpful to parents who are concerned about the well-being and care of the child during the time periods that the child is under the care of a third party.  If the child is enrolled in a licensed day care center, there are requirements for documentation that in many instances are a bit minimal.  For children being watched by a nanny or babysitter, there are no documentation procedures or requirements in most states.  As such the care and documentation for the same are up to the respective nanny, baby sitter, or child care provider and the parents who hired the third party.  A couple in Dover New Hampshire developed a program / app called Cubby Notes which provides child care providers a tool to document the care, observations, condition, and well-being of the child while under their care. See New Hampshire Couple Develops Cubby Notes for Child Care. 
It is a tool that can and should be used by all nannies, babysitters, and child care providers.  While the app or tool is not a guarantee that a child will be well cared for, it is a useful tool that keeps the duty of care as top of mind for child care providers.  There is a maxim in the medical world as follows:  “If it is not documented – it is not done.”   This is a simple but important motto that can and should apply to the day care settings as well.
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By David A. Wolf, Attorney – Child Injury Lawyer Blog

book-abcOne basic duty of every day care center is the duty of supervision. Many day care centers are located on her near busy roadways, streets, neighborhoods, and commercial developments.  As such, the duty to supervise the children is vital the health, safety, and welfare of the children enrolled in the day care program. In some instances, a child is unharmed when he or she wanders away from a day care center.  An astute bystander or police officer locates the child and returns the child to the day care center.  While the situation could have escalated into something quite horrible, the child did not receive any injuries and soon forgets about the whole incident.  On the other hand, there are incidents involving the wandering of a child away from a day care center that results in serious personal injuries and even the tragic death of the child. One such incident took place in Olathe, Kansas when a child was hit and killed by a pick up truck. The incident took place on a residential street in a vicinity near the the day care center.  The news report identified the toddler as Harper Kay Rodden.  In initial news reports, there were no details as to how the 14 month toddler had exited the day care center, how the 14 month old toddler was supervised prior to exiting the facility, what safeguards were in place for the protection and safety of the children, and what steps could have or should have been taken to protect this child from wandering out of the day care center facility.
In a day care center case, there are essentially four elements to prove:
Published on:

By David A. Wolf, Attorney
Child Injury Lawyer Blog
Kids Wooden Blocks Falling As Symbol For Education And Learning
In Oklahoma and other states, hard working parents rely on day care centers for the proper supervision and education of their children.   With both single parents and dual income parents, day care centers have become a necessity in order for parents to support their children.  Most day care centers do a fine job in caring for children in a loving and nurturing way; however, there are far too many child care providers out there who lack the maturity, patience, responsibility, and common sense to serve as a proper day care provider.  While it should be well known out there that shaking a baby, infant, or toddler can cause serious permanent injuries, there continues to be incidents reported that children have been injured by forceful shaking, corporal punishment, and / or the hitting of a child.  This, in turn, caused serious head and brain injuries to child who was supposed to be cared for rather than harmed in the day care center setting and environment.
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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
Justice Red White and BlueWorking parents do their best to support the family.  In doing so, working families need the services of day care centers.  Most day care centers are well run by caring individuals.  However, there are many day care incidents and wrongful death incidents out there that do and should cause concern for all working parents which children enrolled in a day care center.  When a child dies, there are in many instances more questions than answers and sensible explanations for the death of the child.  It should be made clear that an infant and toddler at a day care center need supervision at all times including sleep and nap time.  When a child mysteriously dies at a day care center, there is typically an investigation by local law enforcement and the social service agency that licenses day care centers.  An autopsy should be performed to help determine the cause and preventability of the death of the child.
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By David Wolf, Attorney
Published by Child Injury Lawyer Blog

ChildAbuse-IconDavidBusy working parents rely upon day care centers, child care centers, and summer camps to provide a safe learning environment for children. On most days for most children, there is excellent education, supervision, and care.  Unfortunately, for far too many children, a day care center, child care center, or summer camp is the site of a abuse, neglect, and molestation of a child.  It is tragic when a child is subject to abuse or neglect in the very environment where the child should be protected.  When a child is abused or neglected in a day care center, the parent of the child can pursue a civil case or claim against the day care center, the day care center worker, and others who may be liable or at-fault for the injuries caused to the child.  It should be noted that a civil case is quite different than a criminal case or an administrative case against the day care center work and owner.  A civil case can be brought assuming that a parent can establish the following four elements against the Defendant as follows:
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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Child Care Note Or Message As Reminder For Kids Daycare

In Georgia and other states, day care centers provide working parents with an ability to fulfill work responsibilities and place their children in an environment that is supposedly safe and operated by trained staff members.  When caring for infants, toddlers, and small children, there are risks of injury with everyday activities of daily living like feeding time, play time, and, yes, even nap or sleep time. A high chair can pose a risk of injury to a child if the child is not properly strapped in AND supervised in a consistent manner by the day care center staff.

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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

ABCs-on-Green-Background-Day-Care-Center-Injuries-150x150

In schools, day care center, and summer camps, children should be cared for in a safe environment by trained and caring individuals.  The top priority for all child care facilities should be the safety of the children.  Each and every child care worker should act in the best interest of the child.  For some children however, the summer camp, day care center, or school is the site of horrendous and unforgivable acts of neglect, abuse, and molestation by the very caregivers hired and paid to watch over the children.  When a child is neglected, abusee, or molested, a civil case or claim can be pursued on behalf of the injured child through the proof of the following elements:

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