Articles Posted in State Specific Articles

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By George Fusner, Jr., Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20yellow%20school%20bus%20view%20of%20driver%20front%20light.jpgIn Tennessee and other States, parents send their children to school with the hope and expectation that the child will be educated and supervised in a safe environment. Unfortunately, some children suffer serious personal injuries and some even die while on school grounds or while engaged in a school related activity or field trip. In Whitehaven, Tennessee, it was reported that Anthony Scott (age 6) was hit by a day care by a Pee Wee Wisdom Child Care Center. A full investigation will be conducted as to the cause and preventability of such an accident.

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By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Wisconsin and other States, school children often times attend field trips organized by the school. In most instances, the field trip is well run and organized. School officials, teachers, and volunteers are put in place to make sure that the children are properly supervised during the field trip. It is vital that children are supervised during transportation and at the field trip site location. A news story was reported about an incident that took place on a field trip in Wayne, Wisconsin. It was reported that a mother attending the field trip was found in the bathroom unconscious and surrounded by drug paraphernalia. A criminal background check was previously completed the the Kewaskum School District and did not identify any prior criminal activity by this parent. It was reported that this was an isolated incident. If a parent or volunteer has not prior criminal record, there does not appear to be any prior notice to the school about the potential problems that could be created by a parent like this supervising the children. Fortunately, no children were injured or hurt due to any issues with supervision but the potential is there anytime that a parent, volunteer, or teacher is impaired by the use of drugs or alcohol. See Parent Chaperones on Field Trips – Wayne, Wisconsin.
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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Kentucky.jpgIn Kentucky, parents rely on day care centers to provide care and supervision to their children. It was reported that a child choked on a push pin while she was at a Louisville Kentucky day care center – Trina’s Daycare Center. It was reported that day care workers at the Kentucky day care center observed that Jacorey Davis, age 2, was having convulsions at the day care center. It was not known at this time why the child was having the convulsions. The child was later rushed to Kosair Children’s Hospital where he was pronounced dead. An autopsy later concluded that the child choked on a push pin. Recently, owner of the day care center – Katrina Clyburn gave a statement about the incident and her feelings regarding the death this child. See Day Care Owner Talks About Child’s Death – Louisville, Kentucky.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Nebraska.jpgIn Nebraska and other States, parents rely on day care centers, babysitters, and schools to supervise their children and keep them safe. Unfortunately, in some instances, these child care providers neglect children under their care and cause serious personal injuries to children and sometimes even death. In Nebraska, a babysitter was sentenced to a prison term of up to 4 years. Pamela Johnson pleaded no contest to the charges of intentional child abuse and first degree assault on a child. Law enforcement officials and prosecutors pursued the case based on evidence that showed that the child victim had injuries consistent with Shaken Baby Syndrome. See Nebraska Babysitter Sentenced in Child Abuse Case.

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By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Massachusetts and other States, parents rely on day care centers to provide supervision and education during the work day. Most parents hope and believe that their children are receiving quality care and mentoring while in the day care center. Unfortunately, children often times do not receive the care or supervision they need in a day care center. As a result of the lack of timely and consistent supervision in a day care center, children suffer personal injuries. Many of these injuries could have been avoided with better and more attentive care and supervision on the part of the day care center staff. A study by the Children’s Investment Fun surveyed 182 day care centers and found deficiencies ranging from unsafe playground to lack of available indoor play space to poor ventilation at various day care centers. See Study – Many Massachusetts Day Care Centers Are Deficient.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

ambulance%20paramedic.jpgJordan Everhart, a 21 year old Idaho man, was arrested on a felony injury to a child charge. Everhart was accused of physically abusing and 18 month old child. Everhart was babysitting his girlfriend’s child when the toddler was rushed to St. Lukes Regional Hospital. A rescue team rushed to the child’s home, after they received a call regarding an unconscious child. Paramedics assessed the child and determined the injuries were consistent with head trauma. The child underwent surgery, however she did not survive.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Kentucky and other States, day care providers have a duty to provide for a safe and clean educational and learning environment for the children under their care. Day care providers should be trained to notice or observe signs of abuse and neglect. If a day care provider has a reasonable suspicion of abuse or neglect that is taking place outside of the day care center, the day care provider has a duty to report such information to the local Kentucky social service agency. In Floyd County, Kentucky, a day care center was shut down after a toddler died as a result of alleged abuse and neglect. The child’s family caregivers have been arrested for the crime. State authorities closed down the Kentucky day care center and will conduct a more thorough investigation as to the cause of the death, preventability of the death, and whether any day care providers failed to properly report abuse or neglect to authorities. First and foremost, it is the best interest of the child that should control when a child is the suspected victim of abuse or neglect in the home setting. See Floyd County Kentucky Day Care Center Shut Down Following Toddler’s Death.

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By Rob Shainess, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgIn Minnesota, it is estimated that there are 150,000 unlicensed day care centers throughout the State. Yes, that is correct one hundred fifty thousand unlicensed day care centers. Most of these “day care centers” care for a friend, neighbor or relative in their own home or the child’s home. If the day care center is registered, then the day care center can qualify for funds through the state’s child care assistance program. The laws and regulations pertaining to these Minnesota day care centers have changed recently to require first aid training and CPR training in addition to background checks. Some basic training of child care providers can help save a life or prevent serious personal injuries from taking place in a day care center. See Day Care Center Regulations for “Unlicensed Minnesota Day Care Centers”.

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By Joseph R. Hillebrand Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn Missouri and other States, children are at risk in day care centers during sleep time or nap time. Many day care administrators and care givers do not get the proper training or lack the proper knowledge as to the risk to infants and young children during nap time. It has been reported that from the years 2007 – 2010, at least forty five children died in child care from causes other than existing illness or medical problem. Of these deaths, thirty five occurred while the baby / infant was napping or sleeping at the day care center. Medical experts and pediatricians point out the risks to children who are placed on their abdomen / stomach to sleep. There is also dangers of suffocation from bedding and pillows. Furthermore, some cribs are unsafe for babies and toddlers. All the proper safety techniques in the world cannot replace the role of the day care provider to properly supervise and monitor children during nap time or sleep time.

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