Articles Posted in State Specific Articles

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgIn Texas and other States, day care centers have the duty to provide timely and consistent supervision of children enrolled in the day care problem. The day care center and staff should properly monitor and account for the children during activities inside the facility, outside the faciliuty, and during field trips. The transportation of children enrolled in Texas day care centers and summer camps can lead to serious personal injuries if there is careless driving on the part of the day care center van driver or other drivers on the roadway. Transporation can also involve the risks of children left behind in the van especially during the sweltering heat of summer. Tragically, a number of children have died as a result of being left behind in a day care center van or school bus. Many day care care center employees, owners, and administrators do not realize the risks associated with leaving a child unattended in a hot vehicle even for just a few minutes. While there are van and bus alarms that can be installed to remind the driver and attendant to clear out the van or bus, there is also a simple process or procedure that can be and should be used during each and every list. It is called a checklist. The use and consistent completion of a checklist can and does save lives. Each child transported on the field trip should be on the list. Roll call should be taken when the bus or van stops at its location. Thereafter, another roll call should be completed when all of the children have exited the van or bus. In addition, it makes sense as a safety precaution for the driver and an attendant (if available) to each do a visual sweep of the entire van and bus at all stops and destinations.

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By Scott Zahler, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Medications%20Overdose%20Dangers.jpgIn Georgia and other States, there is a common danger present in most homes, schools, day care centers, and summer camps. The danger is the presence and access of children to medications and poisons located in or near the summer camp, school, home, or day care center. Because children are curious and often times do not recognize the dangers of medications or poisons, it is vital that homeowners, teachers, counselors, and child care providers properly store and lock up all medications and poisons that may be present at the home or facility. Otherwise, a child may end up suffering serious personal injuries or, in some instances, death.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20school%20day%20care%20red%20school%20house.jpgIn Kentucky and other States, parents rely on day care centers to provide a safe facility and diligent supervision of their children during the work day. Furthermore, a day care center should provide safe transportation which should include a trained driver and a well maintained day care center van or bus. Unfortunately, children are injured in Kentucky and other States when there is a day care center van or bus accident. When a child suffers injuries as a result of a day care center van or bus accident, there are often times many complex issues and challenges faced by the injured child and his parents. Because of this, it is often helpful to consult with a Child Injury Lawyer to get information and advice regarding the State laws, day care center rules and regulations, liability insurance, and other matters. A child will be entitled to compensation from one or more persons, businesses, and/ or insurance companies. Each claim or case must be evaluated based on its own facts, circumstances, and merits. Factors that may affect the legal rights or claims of the injured child include the following:

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By David Baum, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

swimming%20pool%20bottom%20squares%20day%20time.jpgIn Illinois and other States, day care centers and child care centers have a duty to provide reasonable and timely supervision of the children under the care of the facility. When a day care center transports the children on field trips including those excursions to water parks, swimming pools, and other aquatic centers. At most swimming pools, water parks, and aquatic centers, there are typically trained lifeguards in place. For schools and day care centers, the question then arises as to the level of supervision and involvement that the day care center employees should have at the swimming pool and aquatic center when there are lifeguards already in place.

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By Robert Chaiken, Attorney & David Wolf, Attorney

Published by Child Injury Lawyer Network

Technology%20Video%20Surveillance.jpgIn Texas and other States, children are the unfortunate and tragic victims of abuse and neglect a day care centers. While many incidents are reported and investigated by local law enforcement, many such incidents go unreported and are hidden from the parents of the abused and neglected child. With technology and other advances, many day care centers now have video surveillance in the facility. Many day care centers even offer parents a portal during the day so that parents can log in and view the day care center activities and child care. Video surveillance often times is effective in helping the day care center owner and parents monitor the care provided by the day care center employees, staff, and volunteers. One would think that the presence of video surveillance would deter the imposition of unauthorized and abusive corporal punishment and other harmful acts of day care center employees and staff. Even with video surveillance in place, some employees still abuse and neglect children even with a camera pointed at them. It may be that the employee did not know that video surveillance was in place or had forgotten about the presence of video surveillance.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

hand%20gun%20with%20bullets.jpgAccidental shootings unfortunately and tragically take the lives of children in the United States. Our country has a proud history of the right to bear arms. It is a constitutional guarantee. Many gun proponents argue that no laws should impinge on the constitutional right to bear arms. Others, however, argue that some restrictions and safeguards should be put in place for the protection of children and others. Any gun laws can bring out a heated debate. Frederick Rivara is a Professor of Pediatrics at the University of Wahington. Dr. Rivara wrote an article for the Seatte Times that advocated for the implementation of CAP (Child Access Protection) laws in the State of Washington as well as other States. An important issue is how to protect children from access to guns kept in the home and other locations. Dr. Rivara points out that gun, cable, or trigger locks effectively decrease the incidents of deaths from guns in the home. Child safety should be a universal goal and mission for all parents, schools, day care centers, and the community. Unfortunately, whether it is a gun that is not properly stored or other dangerous item or condition, children are injured every day due to a lack of safety precautions. Yes, some children are injured due to an unforeseeable accident or incident; however, it should be pointed out that many child injuries are preventable with due care and common sense. See Gun Safety – Doctor Advocates fro CAP (Child Access Protection Laws).

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By Robert Erben, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgWhat if my child is attacked or abused by a day care center owner employee volunteer? In Colorado and other States, parents rely on day care centers to provide supervision of children while parents are at work. It is vital that day care centers are staffed with caring and professional administrators, teachers, aides, and volunteers. Unfortunately, some owners and employees at day care centers are not well-trained and furthermore lack the patience, personality, and disposition to work with children. At times, some day care center owners and employees even resort to violence or threats of violence when faced with the challenges of caring for young children in the day care setting. Corporal punishment or the threat of corporate punishment at a day care center presents a real and present danger of harm to children enrolled in the day care center. When a child is harmed or threatened by day care center owner employee, there may be a civil cause of action or case to pursue against the day care center owner for your facility.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

dog%20animal%20bites%20leash%20laws.jpgWith dog ownership comes responsibility and in some instances liabilty for dog bite related injuries to children. Every year thousands of children are the unfortunate victims of serious personal injuries resulting from dog bites and dog attacks. Whether the dog is a large, aggressive bred dog or now, a dog bite incident can have devastating and life altering effects on a small child. In some instances, the child even tragically dies as a result of a dog bite, attack, or mauling. Some dog bite incidents involve a family dog while others involve stray dogs. Either way, the aftermath of serious dog bite attack can be quite difficult for the child and the parents.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

church%20steeple%20baptist%20church.jpgChurches and schools should be safe havens for children to learn and grow. Unfortunately, children are sometimes targeted by teachers, volunteers, and other adults who meet children at the church or school. For the most part, churches and schols are safe havens filled with staff member and volunteers who properly supervise and care for the children. There are some “bad apples” out there who use their position of trust and power to improperly take advantage of the very children under their supervision. Many predators get away with this horrid acts while others get caught before their master plans hatch into a harmful act against the vulnerable child.

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By Will Brown, Attorney and David Alan Wolf, Attorney

Published by Child Injury Lawyer Network

vehicle%20rear%20view%20mirror%20%231.jpgDriveways in residential neighborhoods are the unfortunate and tragic spots or location for back over accidents involving infants and toddlers. Because of the height of a toddler, a driver does not always see the child behind the vehicle. While back over accidents can be prevented in most instances, they still continue to take place in any given community. It is important to exercise the utmost of caution and care when backing out of a driveway because the child could be presence or walk into the driveway at any given moment. If there is a back over accident involving a child, the driver should stop at the scene of the accident or incident and call for medical and police assistance immediately.

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