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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Fire Rescue Graphic Blue in SquareJune is National Safety Month.  It marks a time of year in which safety is especially promoted from a multitude of organizations, businesses, schools, day care centers, municipalities, and states.  Of coursee, safety should be a paramount concern and goal all year round.   It is not just a June priority. It is a 365 priority.  So, what is the leading cause of death of children?  The answer is “Automobile Accidents”.   It has been reported that the leading cause of death in children ages 5 to 24 is the automobile accident.   Consider of moment, a family goes for a drive to school, the park, a movie, the mall, or grocery store. It is a sunny day and all is right in the world.  Then, suddenly, there is a crash that not only ruins this bright sunny day but the lives of family members, friends, and a community.  The of a child certainly leaves a lasting mark or scar that is never ever forgotten.
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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Kids Block Spelling Dad As Symbol for Fatherhood And Parenting
It has been reported that approximately 8000 children are seen and treated in emergency rooms every day.  That is a truly significant statistic from the Centers for Disease Control and Prevention.  When a child is injured as a result of a fall at a day care center, school, or summer camp, is there a cause of action, claim, or case that can be pursued?  The answer to this question is not so simple.  It really depends on the facts and circumstances.  A child care provider is not liabile every time that a child is injured as a result of a fall or another incident.  There are inherent risks any time that a child engages in physical activity.  For instance, a child could trip running to first base.  This can happen.  A child could fall while playing on the playground.  This also could happen.  However, if a child care provider was negligent and the injury was preventable, that is another story.  Let’s say children are playing on swings and create a game in which the child wins if he or she jumps the furthest from the swing in mid air.   This game goes on for 45 minutes when a boy jumps off the swing high and far and breaks his leg.  This was a dangerous activity for the group of 7 years old.  Appropriate and reasonable supervision would have prevented the game from moving forward and the incident and resulting injuries would have been avoided.  Here are some factors to consider in evaluating a fall incident as a potential case:
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School Bus - BlueBy David Wolf, Attorney

Published by Child Injury Lawyer Network

In the State of Washington and other States, schools and day care centers transport our most precious and important passengers – our children. In doing so, the school and day care center drivers have a legal responsibility to drive in a safe manner, obey traffic regulations and signs, and otherwise use their best efforts and judgment to get the children from one place to another.  One of the easiest tasks is the responsibility to make sure that all children are removed from the bus at the appropriate stop and certainly by the end of the run.   While this is a somewhat simple task, it is one that is commonly overlooked by day care center / school bus drivers and attendants.  It certainly requires more that merely checking the rear view mirror or completing a quick glance towards the back of the van or bus.  A school bus driver should conduct a visible sweep of the school bus. In other words, a school bus driver should safety park the bus and then get out of his or her seat and walk from the front of the bus or van and look in every seat and aisle all the way to the back and make sure that all children are removed from the bus.  It is also a good way to see if any children left any items on the bus like book bags, books, lunches, sports equipment, mobile phones, etc.  It is also a good idea to conduct a visible sweep two times for good measure.  If there is both a school bus driver and an attendant, then it is recommended by some school and child safety experts that each person (the school bus driver and the attendant) conduct the visible sweep of the bus.

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Kids Number Block As Symbol For Numeracy Or CountingBy David Wolf, Attorney

Published by Child Injury Lawyer Network

Here is a simple but important question:  Should day care centers provide constant care and supervision during sleep time or nap time?  The answer to this question is Absolutely Yes!   That’s right the answer has an exclamation point at the end because it is so important that child care centers and day care centers have trained staff in place that recognize the risk and dangers during nap time and sleep time for infants and toddlers.   Without any child of child care training, one would think that the safest place for a child or a baby is in a crib during sleep time.  The truth is that many children every year suffer personal injuries and even die during sleep or nap time due to inadequate supervision, improper sleep position, and the presence of blankets, stuffed animals and other soft objects left in the crib or sleeping area.

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Kids Block Spelling Dad As Symbol for Fatherhood And Parenting

By David Wolf, Attorney

Published by Child Injury Lawyer Network

Legistlators in Arkansas have revised the applicable regulations for day care centers in an attempt to improve the quality of care as well as the enforcement of the same.  It has been reported that there are over hundreds of changes to the existing day care center / child care regulations for licensed day care centers in the State of Arkansas.  There will be stricter rules for background checks and there will be stricter educational requirements for day care center directors.   Education and regulation can go a long way to improving the care and to better protecting children enrolled in a day care center.   While regulations are important, they are not always filed or strict enough to bring some day care centers into line. It is important that parents seeking or currently with day care / child care in place also exercise due diligence in investigating and monitoring the day care center.   Parents should frequently visit the day care center and also visit at odd hours to make sure that the quality of care is consistent at all times of the day and during all day care related activities.  You can read more about the Arkansas Regulations for Day Care Centers at New Regulations Go into Effect for Day Care Centers in Arkansas. 

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By David Wolf, Attorney and Robert Fernicola, Attorney

Published by Child Injury Lawyer Network

 Trampolines are common sites in most neighborhoods especially those with small children.  While a trampoline can provide children with an activity that is away from the computer, smart phone, X-Box, and other sedentary activities, the trampoline can also be the site or location for serious personal injuries.  Unfortunately, many homeowners,  business owners, school administrators, or amusement – theme park operators  with trampolines on the premises fail to maintain the trampoline in a safe condition OR fail to provide adequate and appropriate adult supervision during the child’s use of a trampoline.   Small children especially those with poor motor skills are especially at risk for trampoline related personal injuries.   There are some safety precautions that can and should be taken as follows:

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Emergency Sign

By David Wolf, Attorney

Published by Child Injury Lawyer Network

All Terrain Vehicles (ATVs) can be great fun for children and adults alike; unfortunately, these same recreational vehicles are the cause or mechanism of thousands upon thousands of personal injuries and, in some instances, the deaths of children.  Just because an All Terrain Vehicle seems like great fun – – parents and other adults responsible for the care and well being of children should pay close attention to the statistics out there which show over 100,000 visits to the emergency room due to injuries / deaths attributed to All Terrain Vehicle use and operation.  Some States like Pennsylvania have restrictions as age requiremnts for use of ATVs.   While laws can help deter dangerous activities by children and dangerous activities permitted by adults, children across the Nation and in Pennsylvania continue to operate All Terrain Vehicles (ATVs) without training, licensure, adult supervision, or proper training.  There are dangers both when a child operates an ATV and when a child is a passenger of an ATV.  At any moment, a child operator or passenger can fall off of an ATV. This can be especially dangerous if the child is not wearing a helmet, the ATV is being operated at a high rate of speed and / or is taking a sharp turn, and when the ATV is being operated on rough terrain or on a street.

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ByChild Care Note As Reminder For Kids Daycare David Wolf, Attorney and Robert Fernicola, Attorney

Published by Child Injury Lawyer Network

In New Jersey and other States, parents rely on day care centers to provide care and supervision of their infants.  In most instances, work  schedules put parents in a position of needing day care for their infants.  What kind of supervision should be provided to infants at day care centers?  The laws and regulations vary from State to State.  As such, it is important to look to the respective State’s day care center regulations to determine what is required as to staff to child ratios, training, supervision, facilities, licensures, and other requirements.  Infants require a higher level of supervision and attention while enrolled in a day care center.  Infants are especially at risks for choking, respiratory difficulties, SIDS (Suddent Infant Death Syndrome), and other complicatons.  Because of this, infants should not be left attended or under the watch of a baby monitor or other electronic device.  When a child has a respiratory or other problem at a day care center, it is important for the trained day care staff to spring into action.  Otherwise, the infant at the day care center is at risk for serious personal injuries and, in some tragic instances, an untimely death.   In Highland Park, New Jersey, it was reported by the Associated Press (AP) that a day care center worker was charged with one count of child endangerment for levaing a child unattended which was determined to be a contributing factor of the death of the infant.  The autopsy did not necessarily pin point the cause of death.  You can read more about this tragic story at Day Care Center Worker Charges in Infant’s Death in Highland Park, New Jersey.

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In professional sports, there is a wide gambit of behavior for coaches and players.   Many are wonderful role models who use their celebrity, good work, and inspiration to help others and improve the community and beyond.  Other professional athletes, however, by a single act or many bad acts put the league and professional sports in general in a bad light.  The National Football League is tested on a daily basis to bring entertainment to the masses while at the same time policing its own players, coaches, and other personnel.  It is a tough balancing act  but an important one especially since the players and coaches are looked upon for guidance, inspiration, and, yes for role modeling.   Recently, the NFL issued a firm statement regarding the playing status and suspension of one of the finest athletes in the NFL – Adrian Peterson.  While the suspension was handed down to one individual by the name of Adrian Peterson, the carefully and well crafted words of Roger Goodell took a strong stance against corporal punishment and child abuse.  As so aptly pointed out by Goodell, the injury was inflicted on a child who was only 4 years old.  Goodell pointed out that the size and strength of the child was so much different than that of Peterson.  Furthermore, Goodell pointed out that unlike an adult – a child had no realistic ability to fight back, flee, or seek the assistance of law enforcement.  Then, Goodell noted that the switch (i.e. tree branch) was the equivalent of a weapon that Peterson repeatedly used on his son.  Goodell then noted that Peterson indicated that he would not stop “whopping his kids” in the future.  (It should be noted that Peterson recently stated that he would never use a switch again on his son.)  These statements caused much concern to Goodell about Peterson’s proclivity to repeat these criminal acts and inflict harm on a defenseless child.  Because of all of the above and more, the NFL is requiring Peterson to undergo counseling and to sit out the rest of the 2014 season. His reinstatement in 2015 will depend on Peterson’s compliance and the results of counseling and treatment.
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Pedestrian Crosswalk Sign
By David Wolf, Attorney

Published by Child Injury Lawyer Network

Halloween is a wonderful tradition for most children in most neighborhoods.  It is a magical night for most who venture out to knock on doors to get free candy.  It is a night full of adventure and fun.  Unfortunately for some children and their parents, Halloween marks the day / night when tragedy strikes.   Despite the fact that Halloween always falls on same day of the year and the fact that Halloween is a well known tradition filled with child pedestrians and trick or trickers, there are still pedestrian accidents, personal injuries, and even deaths that take place on Halloween.  With a long standing tradition of trick or treaters, Halloween is a magical night but also a very dangerous one.  It can be quite a challenge to drive a vehicle in any residential or commercial area on Halloween night.  It is important to drive with the utmost of caution.  Drivers should not just obey the speed limits and local traffic regulations. Drivers should drive well below the speed limits and be on the look out for children.

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