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By Michael P. Healy, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn Hawaii and other States, day care centers are licensed by the State and have a duty to comply with State and local regulations as they pertain to the operation and maintenance of the day care center. Many such regulations have a direct impact on the safety of the children being cared for in the day care center. When a child is injured at a day care center, the incident, in many cases, results from a failure to follow day care center regulations or otherwise provide adequate and appropriate child supervision. Many day care center operators do not even bother with the requirements to obtain a license. Some get a license but only follow the applicable day care center rules and regulations when there is an inspection and / or deficiency cited by the State governing agency. When a child is enrolled in a day care center, parents should be proactive in asking questions and obtaining information as to the licensing and inspections of the day care center. If the day care center fails to provide such information or is resistant to give such information, that could be a warning sign for parents with children enrolled in the day care center program. Parents can also request public documents and information directly from the State regulatory agency.

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By Steven R. Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn New York and other States, parents rely on family members, friends, neighbors, and others to serve as babysitters. While most babysitters are very caring individuals, there are some babysitters out there who lack the training, experience, personality, responsibility, and / or temperament to effectively serve, work, or volunteer as a babysitter. While it is often times helpful to do a background check on a babysitter, this is not always practical and many parents lack the funds or know how in conducting a background search on the babysitter. Some babysitters may have a clean criminal record but still present a danger to the child entrusted to the babysitter’s care. When the actions or inactions of a babysitter results in a the harm or injury to a child, there may be legal ramifications to the incident:

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

sports%20basketball%20court%20graphic%20full%20court.jpgIn California and other States, parents enroll their children in athletic and youth sports programs. Most volunteers and coaches truly have the best interest of the children in mind when coaching, teaching, and mentoring the children enrolled in the sports program. Children enrolled in youth sports programs often learn valuable life and social lessons in team work, problem solving, strategy, and sportsmanship. Unfortunately, some coaches (especially ones in competitive athletic programs) go “over the line” when attempting to build winning teams.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

dog%20animal%20bites%20leash%20laws.jpgDogs are present in every community. Most dog owners are quite responsible and make sure that the dog is placed in a secure area with proper fence or enclosure. Otherwise, the dog owner has the dog on a leash and keeps the dog under control at all times. Unfortunately, many dog owners are not so responsible and allow the dog to roam free or ignore problems with inadequate fences or enclosures. When a dog roams free, dog bite incident can and do occur. An injured child is entitled to compensation for injuries caused by a dog bite. The liability for a dog bite incident will depend on the State and local dog bite and dog leash laws in effect. Here are the types of dog bite laws that may be in effect.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20day%20care%20crib%20toy.jpgIn day care centers, children should be supervised in a safe, clean educational environment. It is vital that the day care center maintains its furniture, facility, and playground in good working order. Furthermore, it is important that day care centers replace or remove furniture including bedding / cribs that may present a danger to children enrolled in the day care center.

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By Joseph R. Hillebrand Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

winter%20on%20tree%20branch.jpgIn Missouri and other States, parents rely on day care centers to provide a safe haven and learning environment for children enrolled in the program. During winter months, children are at risk for hypothermia or exposure to the cold when supervision is lacking or negligent. It is vital during winter months as well as other times of the year that the day care center staff provide consistent supervision for the children at the day care center, during transportion, and while on field trips.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgWhen a child dies at a day care center, school, home, or other location, the parents of the child may be able to pursue a civil wrongful death case when the negligence of others caused the death of the child. As a Child Injury Lawyer, I am often asked the following question:

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By David Wolf, Attorney Published by Child Injury Lawyer Network

Gavel%20and%20Scales%20of%20Justice.jpgWhen a child is abused, molested, or assaulted, there can be legal consequences in the form of a criminal proceeding, administrative proceeding, and / or a civil proceeding. In each legal arena or court, proof or evidence will need to be presented so substantiate the allegations. In some cases, the evidence is overwhelming and a prosecution, conviction, or judgment is strongly supported. In other cases, law enforcement, investigators, prosecutors, government officials, and / or private attorneys are sometimes challenged to find the right evidence to prove the allegations. It should be noted that each State has a set of evidentiary laws as to what evidence is admissible and what evidence is not admissible in a given legal proceeding. As such, what may appear to be a strong case on the face may not be if the evidence is limited or excluded by the Judge. Because of the intricacies of the legal proceedings including those related to evidence, it is often times helpful to have the advice, consultation, and legal representation (when appropriate) of a Child Injury Lawyer on these matters. Here are some examples of evidence that may be admitted in a legal proceeding to prove the abuse, molestation, and / or sexual assault of a child. Again, it should be noted that the existence of the evidence is a different concept than the admissibility of the evidence.

DNA Evidence. DNA of the suspect / Defendant can be collected from the victim. This can include bodily fluids, blood, or skin. These items may also be detected and collected on clothing, bedding, furniture, and other items.

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By Robert Erben, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network

Music%20Sheet%20Child%20Safety.jpegIn most communities, there are dedicated and sincere individuals who devote a great deal of time to the education and betterment of children. Tutors, dance teachers, and music teachers certainly help enrich the lives of children lucky enough to get tutelage and instruction in the academics and / or the arts. Lessons and practices are frequently done after school and weekends. Many such sessions occur at the home of the child, home of the teacher or tutor, or another location. Often times, a child is left alone with the teacher or tutor. It should be noted that the majority of tutors and teachers are kind hearted individuals who truly care about the well being, safety, and advancement of the child’s education.

Unfortunately, there are molesters and predators who use these very positions of trust to prey on child. These molesters and predators are very clever and are able to play the trusted individual only to abuse, neglect, or molest the children entrusted to their care, supervision, and education.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

household%20television.jpgTelevisions and other furniture items may be a risk to children. What are “tip over” furniture injuries? A tip over injury involves a television set or other furniture that tips over due to instability on top of a child which, in turn, causes personal injuries. It is estimated that approximately 13,000 television tip over injuries take place in the United States on an annual basis. Tragically, a death occurs every three weeks as a result of a television tip over injury. Many of these injuries and incidents can be prevented if schools, day care centers, community centers, hotels, businesses, residents, parents, and homeowners properly secure television and other furniture items that may be prone or at risk for tipping over on top of a child. Here are some safety tips and safety measures to consider:

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