Articles Posted in State Specific Articles

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

handcuffs%20on%20white%20background.jpgIn Delaware and other States, day care centers should be safe havens where children are taught right from wrong and their ABCs. Unfortunately, some day care centers fail to teach and some others even encourage bad behavior and bad acts. One such incident was reported regarding a day care center in Delaware. The Atlanta Journal Constitution and other news outlets reported that the staff of a day care center in Dover, Delaware were arrested because they watched and encouraged children under their care to engage in fighting. The incident was even captured on a mobile phone video. Three day care worker defendants were charged with Reckless Endangerment and Endangering the Welfare of a Child. Children can be heard crying and yelling on the video of the incident.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20black%20chalkboard%20with%20letters%20capital%20and%20small%20letters.jpgWhen a child is enrolled in a day care center in Montana and other States, parents rely on the day care center to provide a safe haven for the child. The day care center staff should use its best efforts to protect the child while being supervised at the day care center. When children are present, there are always risks of injury and because of this – it is important that the supervision is constant and timely. Other children enrolled or present at the day care center can also present a risk to a child. Whether it is bullying acts or just carelessness, there are child against child crimes or incidents reported at day care centers. Some are unforeseeable and unpreventable while other incidents can certainly be prevented with better supervision of the children enrolled in the day care center. It is most unfortunate and tragic when a child is injured or sexually assaulted at a day care center. When an incident takes place, there are three types of cases that may result from the incident:

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20cup%20of%20crayons.jpgIn Nevada and other States, school children bring their cell phones / mobile phones / and smart phones to school. In addition to school children, even children enrolled in day care centers bring mobile phones into the school. While it may seem excessive to for a young child especially one in day care to have a mobile phone, at times, the availability and use of a mobile phone can be quite useful. In some instances, a mobile phone can even provide important evidence and documentation of abuse and neglect that takes place at a day care center or school. In Sparks, Nevada, a mobile phone video was key information / evidence that led to the arrest of a day care center owner / operator. It was reported by KOLO TV in Nevada that a cell phone video was e-mailed to the Washoe County Social Services. The video was recorded by a child enrolled in the day care center. According to the news story, the incident took place at the Creative Kids Day Care Center. It was reported that a day care center worker handled a child roughly. According to the day care center laws for Nevada, corporal punishment is prohibited. The day care center work stands accused of hitting a 3 year old child in the head and face. The day care center was eventually arrested over the incident. See Day Care Center Incident Caught on Mobile Phone – Sparks, Nevada.

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By R. Michael Shickich, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Wyoming.jpgIn Wyoming, parents, who have a child enrolled in a day care center or who are searching for a day care center, should be aware of the general licensing standards, rules, and regulations for day care centers for the State of Wyoming. For day care centers in Wyoming, the Department of Family Services – Early Childhood Programs Division is the government agency that licenses and regulates day care centers throughout the State of Wyoming. A good resource for parents is the website for this government agency which is located at Early Childhood Programs Division. While this website and related links have a good amount of information, parents with children enrolled in a Wyoming day care center should also exercise their own due diligence to investigate and periodically spot check the day care center. This may include reviewing government surveys, visiting the facility, participating as a volunteer, reading the policies and procedures for the facility, and having a basic understanding of the rules and regulations governing day care centers located in the State of Wyoming.

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By R. Michael Shickich, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgIn Wyoming and other States, parents are often faced with the important decision as to which day care to select for their children while the parents are at work. Most day care and child care providers are conscientious and loving people who truly care about children. On the other hand, there are some day care and child care providers who fail to follow rules and regulations. These day care providers, who cut corners and ignore laws and procedures, often times put children at risk for danger and personal injuries. When evaluating and re-evaluating a Wyoming day care center, it is helpful to have a checklist or guidelines in place to review the day care center and review the various strengths and weaknesses of the day care center. A detailed checklist that should be used by parents searching for and evaluating a day care center is located on the website for the Division of Family Services – Early Childhood Programs Division.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

handcuffs%20on%20white%20background.jpgIn Texas and other States, incidents that take place at day care centers or as a result of day care center negligence or neglect can and do result in the criminal prosecution of the employees and / or administrators of the day care center. In most States, a person can be arrested for reckless conduct that is not intentional in nature. A good example is a DUI crash involving injury. The DUI driver did not necessarily intend to run over the pedestrian but the DUI driver was certainly reckless in driving under the influence of alcohol. In this case, the driver was reckless and can be arrested and prosecuted for crimes related to the pedestrian / automobile accident.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Massachusetts.jpgIn Massachusetts and other States, hit and run accidents take place far too often. Whether the at fault driver was drinking at the time or just wants to avoid any responsibility for whatever other reason, drivers at times flee from the scene of an accident. When a driver flees an accident scene, there can be traffic, criminal, and civil cases that result from the hit and run accident. In many cases, the hit and run driver and vehicle are later identified while in other cases – local police and investigators are unable to identify the at fault driver or the vehicle owner. A hit and run accident victim may be able to pursue a civil case for damages against the following:

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Flag%20Georgia.jpggun%20handgun%20with%20two%20bullets.jpgIn Indiana and other States, children are the unfortunate victims of accidental or random shootings. When there is a shooting of this nature that results in personal injuries, a parent often times has many questions about the righfs of the injured child. Certainly, the shooter, if he or she can be identified, should face some kind of criminal charges depending on the facts and circumstances of the shooting. The decision as to the type of prosecution is left to the local police department and the office of the prosecutor / State Attorney. The family of the injured child may also be able to pursue an injury case for compensation against the shooter, gun owner, property owner, and possibly others. In a civil case, the family of the child will have the burden of proving that there was negligence or fault of one or more of the Defendants that caused or led to the shooting incident. One practical problem with many shooting cases is the lack of liability insurance. Typically, intentional acts are not covered by insurance. Some insurance policies may also exclude firearm or gun incidents from the insurance policies. Because of the complexity of these cases, it is often helpful to have the services of a Child Injury Lawyer for advice, consultation, and legal representation.

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By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

U.S.%20State%20Flag%20Georgia.jpgIn Georgia and other States, children are the unfortunate victims of dog bite incidents. A dog owner’s liability for injuries caused by a dog bite are generally governed by State law. In Georgia, a dog owner may be liable for injuries caused by a dog bite if it can be shown that the dog owner failed to follow a local ordinance related to a dog leash or related law OR if the owner knew or should have known that the dog was dangerous or vicious and the dog owner failed to protect the injured child or others from the risks and dangers associated with the dog. Over the years, Georgia law has been interpreted in various ways. Some legal scholars argue that the Georgia law favors dog owners and it is a tough burden at times to prove scienter or knowledge of the dog’s dangerous propensities. Because of the complexities of Georgia law on dog bite related matters, it is often helpful for a parent to consult with a Child Injury Lawyer for advice and legal representation on behalf of the injured child.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Technology%20Video%20Surveillance.jpgIn Mississippi and other States, day care centers and their staff members have a duty to provide a safe and clean educational environement for the children enrolled in the program. Many day care centers have childre fromn infants to school aged children enrolled in the same day care program. When children of different ages and sizes are grouped into the same day care center and in the same areas of the day care center, the smaller and younger children can be put a risk of injury from the acts and aggressions of the larger and older children. Under these circumstances, it is vital that the day care center provide timely and consistent supervision of the children. School aged child often times lack good judgment and temperament around infants and toddlers. Because of this, it makes even more important to have constant supervision to protect the younger children enrolled in the day care program.

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