Articles Posted in State Specific Articles

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By  Jonathan Safran, Attorney and David Wolf, Attorney

Nap Time - Moon and StarParents rely on day care centers during the working day to care of the child in an environment that is safe and clean.  One overlooked area of child care in a day care center can be the sleeping or napping arrangements.  Children especially infants are at risk for injury during sleep and nap time.   An infant should not be placed in an adult bed or even a toddler bed for that matter.   Pillows and soft objects should be removed from the crib area or sleeping area for the infant.  Swaddling is also something that many pediatricians and experts advise against.
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By  Keith Kerfeld, Attorney and David Wolf, Attorney

Day Care Center Sleep and Nap TimeParents rely on the day care centers and child care centers for the supervision of their children.  There are some obvious risks that need to be accounted for in and around the day care center.  For instance, if the day care center is in a busy commercial area, children should be closely monitored to prevent a child from wandering out the door or wandering out of the fenced area and into traffic.  Wandering into traffic is an obvious danger.   A not so obvious danger involves sleep or nap time. One would think that the safest place for a child at day care center would be the crib or the sleeping area.  One would think that a child could not possibly be harmed while engaged in the relaxing slumber of a good sleep or a good nap.  However, this is the very time and place in which many children are harmed especially toddlers and newborns when the sleep area is unsafe for the age or size of the child AND / OR when the sleep or nap time supervision is lacking or dangerously non-existent.   Most states in the day care and child care regulations set forth rules, guidelines, and regulations for sleep time / nap time related responsibilities of the day care center. One such state is Minnesota.
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 By  Steven Smith, Attorney and David Wolf, Attorney

Building Blocks Glossy -R - Day Care CenterIn New York and other states, there is a nightmare that parents have experienced with a day care center.   The nightmare has a common time line.  Here is is:
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By  David Wolf, Attorney

Child Care Note Or Message As Reminder For Kids Daycare
In North Carolina and other states, parents rely upon babysitters to provide supervision and care for children while the parents are at work or otherwise running errands for the family.  Most babysitters are caring individuals who put the necessary time and effort into properly caring for the child; however, there are some babysitters out there who lack the patience, skill, and common sense to safely care for children.   Some of these absolutely careless and reckless babysitters are very young and some are very old. There are bad babysitters of all ages out there.  It is amazing that babysitters still think that it is acceptable to beat, spank, or shake a child even an infant when the child is crying or acting up.
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By  Keith Kerfeld, Attorney and David Wolf, Attorney

Building Block - M - Day Care CenterIn Minnesota, day care centers are only as good as the staff that they hire.  It is important that a day care center perform a background check, train, and otherwise supervise the staff members providing care to the children enrolled in the day care program.  Due to a lack of training, supervision, or just inaction, apathy, or lazziness on behalf of the child care provider, children are far too often injured while under the care of a Minnesota day care provider.   There are two major reasons why children are harmed while under the care of a day care center:  1. Improper Maintenance of the Day Care Center; and / or 2. Improper Supervision.   Let’s address the second reason:  Improper Supervision.

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By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Accident Report - UrgentStrange as it sounds, children enrolled in day care centers throughout the nation are at risk for personal injuries from cars, trucks, or motorcycles crashing into a day care center.  That’s right, there are news reports for this type of incident happening in day care centers in most states.  Many day care centers are located off of busy streets.  For some, automobile accidents are a common event.  It may be just a matter of time for some day care centers before a vehicle crashes into the facility.  Does the day care center have a duty to put up crash barriers in high traffic areas?  That is an excellent question.   When dealing with a day care center or any business liability issue for that matter, it is important to review the applicable laws, rules and regulations.  Furthermore, the liability of a day care center or a business is judged or evaluated on what is reasonable and practical under the circumstances.   For may crashes into day care centers, the incident or event is quite surprising to the day care owners, children, and parents.  Certainly, if there was negligent driving in the form of excessive speed, distracted driving, or failing to to obey traffic regulations, a case or claim can be pursued against the operator / driver of the car, trucking, or motorcycle.   Insurance can be a big problem these matters. Hopefully the at-fault driver obtained decent insurance that will cover medical bills, pain and suffering, and the damages related to the crash into the day care center.
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By Roy Dickinson, Attorney and David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Fire Rescue - Blue TruckWhen a parent drops off a child at a day care center, the parent expects that the child will be cared for in a clean and supportive educational environment. The reasonable expectation of the parent is to pick up a happy, healthy child at the end of the day.  With single parent families or dual income working families, day care centers are essential for the family to be able to deal with life changes and stresses.  A good and caring staff at the day care center can go a long way to providing for the needs of the child.   Unfortunately, for some children, serious personal injuries and even deaths result at the day care center.  Is the day care center responsible or liable for every incident?  The answer is No.   Let’s go back and take a closer look at this particular question. The important words are “every incident”.   Just because a child is injured or even dies at a day care center, this does not mean by itself that the day care center is liable for responsible for the injuries.
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By Keith Kerfeld, Attorney and David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Crayons - Different Colors

For busy working parents in the State of Minnesota, it is important for a parent to select a day care center that is well run, clean, safe, and staffed with caring and trained child care providers.  It is typically a wise decision to select a day care cente that is licensed.  While a license is not guarantee that a day care is safe, the lack of a license should be a warning sign to parents during the selection of a day care center.   In Minnesota, day care centers are required to comply with Chapter 245A – Human Services Licensing, Minnesota Statutes, in order to obtain and maintain a day care center license.  Pursuant to Section 245AA.04 Application Process, Subdivision 4, a day care center applying be inspected by the Commissioner of the Department of Human Services which shall include but is not limited to the following:

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By  Andrew Baker, Attorney and David Wolf, Attorney
Building Blocks Glossy - Q - Day Care CenterIn Ohio and other states, parents rely on day care centers to supervise their children during the busy work day.  For many parents, there is no choice but to use the services of a day care center.  It is certainly a challenge to provide the support of the family while paying for day care. Ideally, a child is placed in and cared for in a day care center that provides a safe, clean, and educational environment for the children.  Unfortunately, for far too many children, many day care centers are actually unsafe, unclean, and provide little in the way of education to the children enrolled in the child care program.   One would think that the State entity in charge of licensing and inspecting day care centers would evaluate all aspects of the day care center including the cleanliness, safety, and educational value of the facility.
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By  David Wolf, Attorney
Building Blocks - B - Day Care CenterWhile under the care of a day care center, a child should be supervised in a safe and clean environment.  Here are a few things that we know about all children and especially toddlers and infants.
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