Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20day%20care%20center%20crib.jpgAt day care centers, it is important that child care providers follow policies, procedures, and safety recommendations as to the activities that take place at the day care center. One such responsibility or duty is the monitoring of children during nap or sleep time. While nap or sleep time may not seem like a dangerous activity to some, the truth of the matter is it the children in day care centers that are not properly monitored during nap or sleep time can suffer serious personal injuries if safety precautions are not followed or if there is a lack of supervision or monitoring of the children during nap or sleep time. Some children (especially infants) can even die as a result of lack of supervision and lack of proper positioning during sleep or nap time.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn Massachusetts and other States, parents rely on day care centers to provide a safe and clean educational environment for children. Most child care providers take their responsibilities to heart and do their best to provide for the needs and best interests of the children. Unfortunately and tragically in some instances, there are other “child care providers” that do not even deserve this simple designation since they use a position of trust and responsibility to prey on children in the very environment in which the children should be protected and nurtured rather than injured, abused, and molested. While it impossible and impractical to prevent or foresee every bad incident that happens in a day care center or other location, parents should take some effort to investigate or evaluate a day care center before enrolling their children in the day care center. Here are some questions and facts to get from the day care operator:

Published on:

By David Wolf, Attorney Published by Child Injury Lawyer Network

Technology%20Camera%20Photograph.jpgChildren are the unfortunate victims of injuries in automobile accidents, slip and fall accidents, daycare center accidents, school injuries, and other incidents that cause personal injuries. When an accident or incident occurs, it can be helpful to take photographs at the scene of the accident.

There are four basic elements of most personal injury cases:

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgParents rely on day care centers to provide for a safe and clean educational environment for children during the working day. When a parent drops off a child at a day care center, it is reasonable to expect that the child will be properly supervised, the facility will be properly maintained, and the child will be kept out of harm’s way. Unfortunately, children suffer injuries in day care centers. Some injuries are you avoidable and some injuries are not. As a Child Injury Lawyer, I am often contacted by an upset parent who was not timely or properly informed of an injury that took place at the daycare center. In most States, a day care center has an obligation or duty to timely notify a parent of an injury that takes place at a day care center. This is especially important when a child needs medical care or attention from a third party like a pediatrician, emergency room or other specialist. Certainly, a child should get immediate medical attention as needed. In addition, it is important that the child receives the comfort and support of a parent following an injury. While it is certainly disturbing when a day care center fails to timely notify a parent regarding an incident or injury, a legal case or claim is not necessarily warranted (from a practical standpoint) for the sole reason that there was a lack of prompt and reasonable notification of the injury. When evaluating a day care center injury case, a Child Injury Lawyer will typically evaluate four elements of the potential case:

Published on:

By David Wolf, Attorney Published by Child Injury Lawyer Network

gun%20handgun%20with%20two%20bullets.jpgTragically, Sandy Hook Elementary School was recently the site of one of the deadliest and senseless school shootings in U.S. history. It has been reported that 20 children and 6 adults were murdered at the school. See Shooting Reported at Connecticut Elementary School.

The lone gunman then apparently turned the gun on himself and also died at the school. The school’s principal and psychologist were listed as two of the casualties of this horrendous and unforgiven act of violence at these innocent children. It is a shame that the lives of innocent children as well as our valued educators and leaders were taken. In the aftermath of this horrific act of violence, what can be learned about the shootings? As a community and nation, are there lessons to be learned in any manner? There certainly will be more questions than answers to this disaster. Why does history (in one form or another) repeat itself? Just the word “Columbine” strikes a tone of sadness and grief for the parents and family members who lost loved ones during that massacre perpetrated by two students.

Published on:

By David Wolf, Attorney Published by Child Injury Lawyer Network

Playground%20Monkey%20Bars%20Close%20Up%20Blue%20Sky%20Danger%20Falls.jpgMost playgrounds throughout virtually every community have monkey bars. While monkey bars are quite common, they are still dangerous especially for young children climbing on or transversing monkey bars in a playground. It takes a certain strength, dexterity, skill, and endurance to climb across monkey bars from one side of the playground to another. Because of this, children frequently fall from monkey bars to the ground of the playground area. Most falls are uneventful. The child merely brushes off the mulch, dirt, or other ground cover and then continues playing with friends on the playground. Unfortunately for some children, a fall from monkey bars can result in serious personal injuries including fractures, sprains, lacerations, and head injuries.

As a Child Injury Lawyer, I am often asked if the parents of an injured child can pursue a case or claim on behalf of the injured child for injuries sustained as a result from a fall from monkey bars. Is a school, day care center, after school program, or camp liable for injuries related to a fall from monkey bars? The answer to this question is “it depends.” Injuries resulting from a fall from monkey bars is often defended on the grounds that the monkey bars are common and there is no way to prevent every single accident or incident that takes place on a playground. Defendants argue that it is impractical and expensive to post an employee, counselor, aide, or other adult directly under the monkey bars for the entirety of the play time period.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgIn the State of Virginia, day care centers are licensed and regulated pursuant to Title 22 – Chapter 185 of the Virginia Administrative Code. Laws pertaining to corporal punishment in day care centers are regulated State by State. In other words, to determine the laws, regulations, and when applicable prohibitions as to corporal punishment, a parent should review the State regulations in place. Pursuant to Title 22 – Chapter 185 of the Virginia Administrative Code, the following actions are prohibited:

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

technology%20mobile%20phone%20cell%20black%20with%20color%20screan%20on%20white%20background.jpgEvidence can be presented in different forms and a civil or criminal case involving the molestation or an abuse of a child. A controlled recorded telephone call or a wiretap can serve as evidence in these cases. A controlled recorded telephone call or a wiretap is set up and coached to some extent by the police or investigators.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20building%20block%20y.jpgIn West Virginia and other States, working parents rely on day care centers to provide timely and consistent supervision while the children are enrolled in the day care center. It is vital that due care and attention are provided by conscientious staff members who are trained in the area of child care and understand the risks and dangers to children. At times, a tragedy occurs while a child is under the care of a child care center or day care center. When a child dies while under the care and supervision of a day care facility, there typically is an investigation by the State agency that regulates and licensed day care centers, local police, and the medical examiner’s office. Factors that are considered in such an investigation may include the following:

Published on:

By David Wolf, Attorney Published by Child Injury Lawyer Network

gun%20handgun%20with%20two%20bullets.jpg

In movies, television shows, comic books, and cartoons over the years, guns and gun fighting have played a prominent role. In many media forms, gun play or gun power is glorified. The good guy saves the day by killing the bad guy. Guns are are powerful way of showing power, authority, and, to some extent, heroism in movies, television shows, and other media. It is no wonder that many children find it absolutely fascinating to handle, play with, marvel at, and, yes, fire a gun. Unfortunately, the same guns in appearance that are displayed on television, movies, comic books, and other media are the ones that cause tragic and preventable deaths of children at homes and other areas. Gun ownership is a right that we have here in United States. It is a right that U.S. citizens will fight for to all ends and it certainly is an important right; however, for the sake and safety of children and others, guns should be safeguarded and kept out of the reach and use of children who are at risk and temptation for playing around with guns without proper adult supervision. Guns should be safely secured and locked away from children in homes. This simple but important act can help prevent the untimely and tragic deaths of children.

If a child is injured or tragically dies as a result of a shooting, there may be a case or claim to pursue against the gun owner, a liability insurance policy, a homeowner’s policy, a business, a school, a day care center, and / or others depending on the facts and circumstances of the case. Shooting cases involving the personal injury or death of a child can be very complicated. Because of this, it is important for a parent to consult with a Child Injury Lawyer as to the rights of the injured child and the rights of the parents under the applicable State law. The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Homeowner’s Insurance, School Injuries, Day Care Center Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

Contact Information