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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

Automobile Accident - Crash - Personal InjuriesWhen a child is injured as a result of a hit-and-run accident, the first and most important thing to do for the child is to obtain medical care and make sure that the child is stabilized care. It can be quite challenging for parents dealing with all the issues in the aftermath of a hit-and-run automobile accident. A number of questions come to mind including the following:
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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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By  Keith Kerfeld, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Fireworks - Child SafetyDuring the month of July and especially on or near the Fourth of July, fireworks are commonly ignited. Some fireworks are set off at the family home while others are at a more former celebration like a public park, downtown area, community center, or stadium.  It is vital that fireworks are ignited in the safest manner possible.  Unfortunately, despite the known risks of fireworks, children are injured every year.  Many such personal injuries are preventable.

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By Andrew Baker, Attorney and David Wolf, Attorney

Bandage Child InjuryChildren, especially toddlers, are unsteady on their feet. It is common for a child to fall throughout the day.  While in a day care center, summer camp, or school, a child may fall through no fault of the child care providers.  Then again, some falls are preventable with better maintenance of the facility and / or with better supervision.   Since child care providers should know in advance that children are prone to falling, safety precautions should be put in place to prevent falls and / or to prevent serious personal injuries from resulting from a fall.   Let’s take an example.  
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By David Wolf, Attorney

Published by the Child Injury Lawyer Blog

NX_truck_rear_contnrThroughout Tennessee and other states, trucks, tractor trailers, and big rigs are common sites on the roads, highways, and expressways.   Certainly, big trucks are an important part of both intrastate and interstate commerce. Theres large commercial trucks also pose a significant risk of serious injuries and deaths to adults and children alike to the size disparity between these trucks and common personal vehicles / automobiles.   Because of this, it is important that commercial truck drivers are well trained, alert, and well rested.  Furthermore, excessive speed and daydreaming need to be avoided as well.  Finally, driver distractions should be limited and removed whenever possible.  Texting while any vehicle including but limited to a commercial truck is simply careless and can and does lead to serious accidents causing personal injuries and the deaths of others.
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