Articles Posted in Utah

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Crosswalk-Personal-Injuries-169x300In Utah and other States, children are the unfortunate victims of the negligent, distracted, and / or drunk drivers that cause serious personal injuries and in some cases wrongful death. Certainly, drivers should slow down in school zones, at bus stops, and at parks.  Drivers should also proceed with caution when a child is in or near a crosswalk or intersection.  Tragically, children continue to be the victims of careless drivers on a daily basis.  When a child is injured, a criminal case can be pursued against the negligent driver if the careless driver amounted to a crime in the form of DUI or other forms of reckless conduct.  Justice demands that action is taken in these cases.  There may also be a civil case pursued against the negligent driver. It should be noted that there are many practical consideration that come into play when an attorney reviews a potential civil case for potential legal representation.  One such consideration focuses on the availability of automobile insurance to cover the damages claimed by the injury victim and the family of the injury victim.  Here are the various types of insurance that may apply:
Personal Injury Protection.  In States in which insurance carriers offer such coverage, PIP can provide in most instances up to $10,000 for medical bills and wage losses.  PIP benefits are often paid from a parent’s automobile insurance policy.  For instance, if a child is hit by a negligent driver, the medical bills may still be processed under the PIP portion of the policy of the parent(s) of the child.  PIP can apply even though the parent’s vehicle was not involved in the crash.
Medical Payment Coverage.  This coverage works similar to PIP coverage.  The medical bills may be processed or paid by the insurance policy of the injured child’s parent.  If no such coverage applies, the Medical Payment and / or PIP benefits may be obtained from the at-fault driver’s policy.  This will depend on the insurance policy language as well as the insurance laws in place for the State where the incident / accident took place.
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By David A. Wolf, Attorney – Child Injury Lawyer Blog

Toy Train.001In Utah and other states, day care centers have a duty to provide a reasonably safe educational environment for the children enrolled in the program.  It is important that the day care center follow all licensing requirements and have trained staff in place to meet the needs of the children. Supervision  and attentiveness are vital to the safety and welfare of the children.  The level of supervision will depend on the type of facility, number of children, age of the children, special needs of the children, time of the day, activity and other factors.  There are dangers lurking at all times that an infant or toddler is being cared for in a day care center. It is vital for staff members to be aware of the dangers and remove or prevent all such dangerous situations to the best of the ability and foresight of the day care center.

A recent tragedy was reported in at a West Jordan, Utah day care center.  It as reported that a toddler – Leonardo “Leo” Sanchez – crawled under a bean bag and ultimately suffocated.  A seemingly simple object – a bean bag chair – turned out to be a very dangerous object in a day care center for a small child like Leo Sanchez.  It is well known that small children are curious and will crawl into or go into areas which can be quite dangerous.  Another dangerous situation or object for a toddler or infant in a day care center is an unanchored dresser or TV stand.  There have been a number of reports of children being injured or even dying as a result of a dresser, TV stand, or TV that has fallen over on top of a child.  Sleeping and napping time can also present dangers as well to infants.  A stuffed animal or blanket can cause a child to suffocate during this otherwise seemingly safe part of a day care center.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn Utah and other States, parents rely on day care centers to provide supervision and oversight of their children while the parents are at work. Many day care centers are safe havens and very supportive and safe environments for others; however, there are that are quite dangerous. Tragically, children die while under the care of day care centers. It is certainly heartbreaking when any child dies but especially so when the death could have been avoided with better supervision, common sense, and care by the child care providers who had a legal duty to provide a safe learning environment for the child.

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SALT LAKE CITY — A man who ran a day care center with his wife for 20 years has been arrested and accused of molesting at least two of the girls he was tending.

Police say they have identified additional victims and fear there may be even more.

Gordon Neeley, 76, was booked into the Salt Lake County Jail for investigation of four counts of aggravated sexual abuse of a child.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20cup%20of%20crayons.jpgIn Utah and Other States, day care centers have been the unfortunate locations of automobile accidents and trucking accidents. Because many day care centers are situated in commercial areas near busy streets and highways, there have been a number of reported automobile accidents in which a vehicle crashes into a day care center facility / building. In Billerica, Utah, it was reported that a mini van crashed into a Kindercare Day Care Center. There were no reported serious personal injuries to children but two infants were transported for medical evaluation at local hospitals following this Utah crash. The police investigating the accident reported that the driver stated that she meant to hit the brake when instead she hit the gas / accelerator.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20Utah.jpgSafe Kids Utah has a great website ( www.safekidsutah.org) that provides safety tips and advice to parents. In reviewing this website, parents can read helpful information regarding:

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

State%20Map%20Utah.jpg

In Riverton, Utah, a couple has been charged for child abuse. A story in the Salt Lake City Tribune Newspaper reported that a 12 year old boy with autism and a form of Muscular Dystrophy was the victim of the child abuse. Steven Kimball (age 42) and his wife Holly Kimball (age 34) were charged by authorities with child abuse. It was reported that the mother (Holly Kimball) and her husband (Steven Kimball) were involved with the duct taping of the boy. Apparently, the couple did not like some of things that the boy was saying. The 12 year old boy learns at the level of a 1st grader. Duct taping a boy (who is wheelchair bound and who suffers from Autism and learning disabilities) should be a crime. While Autism and other medical issues do challenge the patience of a parent or caregiver, taking drastic steps like duct taping the child’s mouth is a form of abuse. When the tape was removed, the boy suffered superficial injuries to his lip and skin. The boy’s biological father observed the injuries when he went to pick up his son. You can read more about this story at Couple Accused of Child Abuse After Duct Taping Child with Autism.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Map%20of%20United%20States%20black%20and%20white%20showing%20all%20States.jpgThe United States Department of Health and Human Resources has a website that has a great reference tool for parents and caregivers with children in day care centers and child care centers. Each state regulates day care centers / child care centers through a state specific administrative code and / or policy manual. Go to State Administrative Rules and Policy Manuals for Child Care. Another good resource is located at the website for the National Resource Center for

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