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By David A. Wolf, Attorney – Child Injury Lawyer Blog
Day Care Video Surveillance.001When a child is injured at a day care center, it can at times be a mystery as to how and why the child was injured.  This is especially true when a day care center work lies or hides acts of abuse, neglect, and corporal punishment.  Video surveillance, at times, captures the very acts of abuse or neglect inflicted by the very same day care center providers who have the legal duty to protect, support, education, and care for the child.  Most states prohibit any kind of corporal punishment and criminalize the acts.  As such, if a day care center work strikes a child, criminal charges can be brought against the day care center work; however, it should be noted that the criminal prosecution of a day care center worker caught on video hitting a child is not automatic.
Each incident or case is evaluated by the local law enforcement and the prosecutor’s office to determine if a crime was committed and if enough evidence can be presented to successfully prosecute the day care center worker.  If bad acts are caught on video, many people may assume that the day care center work is going to jail or prison; however, no assumptions or presumptions should be made on any particular case as to criminal prosecution.  Furthermore, it should be noted that the pursuit of a civil case is also something that needs further review by the parents and a Child Injury Lawyer as to the elements of the case and the practicality of pursuing the case.  The elements of a civil case or claim for day care center negligence, harm, assault, or corporal punishment are as follows:
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By David A. Wolf, Attorney – Child Injury Lawyer Blog
Building Blocks - A B CWhen a child is placed under the care of a third party in the form of a nanny, babysitter, child care provider, and day care provider, it is important that the person caring for the child act in a reasonable and conscientious manner.  Certainly, the child care provider should be attentive to the needs to the child and act at all times in a calm, professional, and caring manner.  Unfortunately, far too many children suffer injuries while under the care of a third party due to inattention, neglect, distractions like a mobile phone or tablet, and other reasons. Communication and documentation can be quite helpful to parents who are concerned about the well-being and care of the child during the time periods that the child is under the care of a third party.  If the child is enrolled in a licensed day care center, there are requirements for documentation that in many instances are a bit minimal.  For children being watched by a nanny or babysitter, there are no documentation procedures or requirements in most states.  As such the care and documentation for the same are up to the respective nanny, baby sitter, or child care provider and the parents who hired the third party.  A couple in Dover New Hampshire developed a program / app called Cubby Notes which provides child care providers a tool to document the care, observations, condition, and well-being of the child while under their care. See New Hampshire Couple Develops Cubby Notes for Child Care. 
It is a tool that can and should be used by all nannies, babysitters, and child care providers.  While the app or tool is not a guarantee that a child will be well cared for, it is a useful tool that keeps the duty of care as top of mind for child care providers.  There is a maxim in the medical world as follows:  “If it is not documented – it is not done.”   This is a simple but important motto that can and should apply to the day care settings as well.
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By David A. Wolf, Attorney – Child Injury Lawyer Blog

book-abcOne basic duty of every day care center is the duty of supervision. Many day care centers are located on her near busy roadways, streets, neighborhoods, and commercial developments.  As such, the duty to supervise the children is vital the health, safety, and welfare of the children enrolled in the day care program. In some instances, a child is unharmed when he or she wanders away from a day care center.  An astute bystander or police officer locates the child and returns the child to the day care center.  While the situation could have escalated into something quite horrible, the child did not receive any injuries and soon forgets about the whole incident.  On the other hand, there are incidents involving the wandering of a child away from a day care center that results in serious personal injuries and even the tragic death of the child. One such incident took place in Olathe, Kansas when a child was hit and killed by a pick up truck. The incident took place on a residential street in a vicinity near the the day care center.  The news report identified the toddler as Harper Kay Rodden.  In initial news reports, there were no details as to how the 14 month toddler had exited the day care center, how the 14 month old toddler was supervised prior to exiting the facility, what safeguards were in place for the protection and safety of the children, and what steps could have or should have been taken to protect this child from wandering out of the day care center facility.
In a day care center case, there are essentially four elements to prove:
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By David A. Wolf, Attorney

Child Injury Lawyer Blog
Legal Rights - Drowning Case.001Summer time is filled with lots of fun and activities including visits to swimming pools and field trips.  During the summer, there is nothing more fun for children at times than splashing around and swimming with friends. However, it should always be kept top of mind for day care center providers, child care providers, summer camp counselors, water safety personnel, and lifeguards that swimming pools and aquatic areas can be extremely dangerous for children.  Whenever there is a field trip by a summer camp or day care center to a water park, aquatic area, swimming pool, theme park, or amusement park, it is vital that supervision be in place at ALL TIMES.  That statement should be repeated and emphasized – SUPERVISION SHOULD BE IN PLACE AT ALL TIMES.  It should also be noted that supervision is not the mere presence of a counselor, teacher, or care provider.  It also means being attentive to the location, whereabout, needs, abilities, risks, and dangers of each child.   Mobile phones are great devices; however, they also can be toys that lead to serious personal injuries and drowning incidents for children.  Just one text me, e-mail, or so called funny video can some times spell the difference between life and death for a child who ends up drowning at a swimming or aquatic area while on a visit or a field trip.
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By David A. Wolf, Attorney
Child Injury Lawyer Blog
Kids Wooden Blocks Falling As Symbol For Education And Learning
In Oklahoma and other states, hard working parents rely on day care centers for the proper supervision and education of their children.   With both single parents and dual income parents, day care centers have become a necessity in order for parents to support their children.  Most day care centers do a fine job in caring for children in a loving and nurturing way; however, there are far too many child care providers out there who lack the maturity, patience, responsibility, and common sense to serve as a proper day care provider.  While it should be well known out there that shaking a baby, infant, or toddler can cause serious permanent injuries, there continues to be incidents reported that children have been injured by forceful shaking, corporal punishment, and / or the hitting of a child.  This, in turn, caused serious head and brain injuries to child who was supposed to be cared for rather than harmed in the day care center setting and environment.
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By David A. Wolf, Attorney

Child Injury Lawyer Blog
Building Block - M - Day Care CenterWorking parents rely on day care centers for the proper supervision and protection of their children.  For most children, a day care center is filled with love, support, and education; however, for some unfortunate children, a day care center is the site of abuse and neglect.  In certain tragic instances, the day care center is the location where the infant or toddler takes his or her last breath.  That’s right, far too many children die in day care centers due to negligence and even reckless conduct that rises to the level of a crime.
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By David A. Wolf

Child Injury Lawyer Blog
cal-0814-cl5-funpark11During most visits to a theme park or amusement park, the days and nights are filled with fun, laughter, time with family and friends, cotton candy, and just plain old fashioned fun.  Unfortunately, for some children or adults, a visit to a theme park or amusement park can end with a serious incident / accident causing personal injuries.  Amusement parks and theme parks advertise to and welcome adults and children alike to the rides, grounds, and attractions.  As such, it is vital that all rides and attractions are probably assembled, up to date on inspections, and operated by trained and conscientious ride attendants.  If a ride is not properly secured or latched, some terrible personal injuries can result.   Furthermore, if one bolt or piece of tract is out of place or out of repair – then other similar mishaps can take place leading to serious personal injuries.  Like other cases involving personal injuries, there are four essential elements to pursue a case or claim for personal injuries taking place at a theme park or amusement park as follows:
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By David A. Wolf
Child Injury Lawyer Blog
medical_2008015232-1113int.epsThere was a tragedy reported at an Oklahoma State University homecoming parade event.  It was reported that the crash into the crowd ended the life of a graduate student, a toddler, and a couple who had worked for Oklahoma State University for many years.  A day that was supposed to be filled with fun times and food ended in grief and sorrow for the family and friends of the victims as well as the entire OSU community.
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By David A. Wolf
Child Injury Lawyer Blog
Justice Red White and BlueWorking parents do their best to support the family.  In doing so, working families need the services of day care centers.  Most day care centers are well run by caring individuals.  However, there are many day care incidents and wrongful death incidents out there that do and should cause concern for all working parents which children enrolled in a day care center.  When a child dies, there are in many instances more questions than answers and sensible explanations for the death of the child.  It should be made clear that an infant and toddler at a day care center need supervision at all times including sleep and nap time.  When a child mysteriously dies at a day care center, there is typically an investigation by local law enforcement and the social service agency that licenses day care centers.  An autopsy should be performed to help determine the cause and preventability of the death of the child.
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By David A. Wolf

Child Injury Lawyer Blog

House with Red Roof Personal InjuriesOne of the safest place for children should be the home.   As parents, we work tirelessly to provide for a clean and safe living environment for our children.  Other safe places for children should include schools, day care centers, child care centers, and summer camps.  Unfortunately for some children who are in some supposedly safe environments, serious injuries take place.  When a company manufacturers, distributes, and / or sells a household product, piece of furniture, or safety gate, the consumer should be able to justifiably rely on the quality of the product and the intended use and function of the product.   A recent recall of safety or child gates by IKEA is a prime example of a product that allegedly failed which, int turn, caused personal injuries to unsuspecting children.   The safety gate had a latch that apparently disengaged which, in turn, allowed the gate to open.   The safety gate was used in many homes to block off an area leading to or from stairs in a home.   Stairs can be extremely dangerous to infants, toddlers, and small children.   It should be noted that a products liability case like other types of personal injury cases involves four essential elements as follows:

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