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By  David Wolf, Attorney

Published by Child Injury Lawyer Blog

Building Blocks Glossy - P - Day Care CenterUnfortunately, spankings and corporal punishment are still prevalent in many communities.  It is a tradition that has been literally handed down from generation to generation.  While there may be some time and family history to spankings and corporal punishment, the fact is that most States ban such activities and disciplinary measures in most day care centers and child care facilities.  Some church based or religious based institutions may have an exception from such State regulation.  Even in circumstances where spankings and corporal punishment are permitted, there are still child abuse laws in place that make it actionable or criminal if the spanking or corporal punishment is excessive and causes physical marks and / or the need for medical evaluation and treatment.  Clearly, the best way to make sure that a child is not subjected to excessive corporal punishment is just to refrain from it completely.   Corporal punishment and spankings put a child at risks especially by an adult who does not fully realize the size differential and the force that is applied when engaged in corporal punishment or spankings. Furthermore, it should be noted that many day care providers are angry when giving out punishments which can lead a day care provider to be out of control and really cause significant permanent injuries to the child.

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 By  Andrew Baker, Attorney and David Wolf, Attorney

Building Blocks LIn Ohio and other States, licensed day care centers are regulated and overseen by a state social service agency. In Ohio, it is the Department of Children and Family Services is the social service agency that regulates day care centers.   When a facility is cited by the Department or charged by the police with failing to provide appropriate care, sanctions can result in the form of fines, arrest, license probation, and license suspension.   A caregiver, individually, can be arrested and fined as well.  It should be noted that the administrative proceeding and criminal proceeding are quite different than an insurance claim and civil case.   When rules and regulations are violated, the state can step in to discipline and fine the facility and / or its staff members.  For a civil case or an insurance claim, the elements of a case are a bit different especially when it comes to the element of damages.  For instance, a facility may violate a bunch of different building codes and get shut down by the state; however, if there are no harm caused to any of the children – there may not be a civil case or insurance claim to pursue.  Just because a day care center violates a rule or regulation or even engages in conduct that is criminal in nature – this does not mean that there will be a big settlement or any settlement for that matter on behalf of the child.
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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  David Wolf, Attorney

Gymnast Personal InjuryIt is certainly an important part of childhood for most children to participate in some sports related activity.  From football to cheerleading to gymnastics to soccer and all sports in between and beyond, youth sports and related activities help make our children more active and better rounded as they mature and head out into the world beyond high school.   For some children especially those in elementary and pre-school, participation in sports related activities can and do lead to serious personal injuries.  Are there inherent risks any time that a child participates in an activity or sports related practice, game, or exhibition?  The simple answer to this question is “Yes”.  However, there are two questions that should be answered when evaluating a potential case involving a sports related activity:
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By  David Wolf, Attorney

sports_1000009537-120613intIn the summer and other times of the year, there is always a risk of drowning to toddlers, children, teenagers, and yes adults.  Putting safety measures in place is not just for special events and public pools.  Safety should be a priority any time that a person (of any age) is on, in, or near the water whether it is a swimming pool, water park, wading pool, lake, river, canal, or ocean.   Even a lazy river winding itself around the confines of a luxury resort can be the site of a horrible yet preventable drowning or near drowning incident. Most drowning or near drowning incidents can be prevented with the proper planning and the proper supervision of the swim area.   Let’s talk a bit about supervision.  Here is an equation to consider:
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By  David Wolf, Attorney

103-1113tm-vector2-2933During the summer and other times of the year, children are welcomed visitors at trampoline parks, bounce house activity centers, attractions, and theme parks.  In fact, at these locations, the marketing efforts of the companies and corporations are commonly directed to children.  As such, if children are a major focus group of a company or business, then safety of those same children should be a priority as well.  Of course, with any physical activity, there is a risk of injury.
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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  David Wolf, Attorney

Published by Child Injury Lawyer Blog

First Aid KitFor years, children and adults alike have enjoyed the challenge and fun associated with BB gun use. Unfortunately for many children, a BB gun is the weapon – yes weapon – that causes significant injuries including but not limited to eye injuries.  It has been reported that the pumping of a BB gun can lead to the velocity of the BB pellet similar to a .22 gauge handgun.  As such, the velocity and force of a BB gun pellet shot can go through the eye and cause a serious eye injury in the form of a retinal detachment.  There is an old saying, “Be careful or you will lose an eye.”  There is even a famous movie that centers around a child’s wish just to have that special BB gun delivered.  A Christmas Story is a great comedy and sure enough the child suffers a minor injury from the BB gun.   However, when a child suffers a serious injury as a result of the use or misuse of a BB gun, this is no laughing matter.  For some of these children, vision is affected for life.

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