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By David Wolf, Attorney
Published by Child Injury Lawyer Blog

ChildAbuse-IconDavidBusy working parents rely upon day care centers, child care centers, and summer camps to provide a safe learning environment for children. On most days for most children, there is excellent education, supervision, and care.  Unfortunately, for far too many children, a day care center, child care center, or summer camp is the site of a abuse, neglect, and molestation of a child.  It is tragic when a child is subject to abuse or neglect in the very environment where the child should be protected.  When a child is abused or neglected in a day care center, the parent of the child can pursue a civil case or claim against the day care center, the day care center worker, and others who may be liable or at-fault for the injuries caused to the child.  It should be noted that a civil case is quite different than a criminal case or an administrative case against the day care center work and owner.  A civil case can be brought assuming that a parent can establish the following four elements against the Defendant as follows:
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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Child Care Note Or Message As Reminder For Kids Daycare

In Georgia and other states, day care centers provide working parents with an ability to fulfill work responsibilities and place their children in an environment that is supposedly safe and operated by trained staff members.  When caring for infants, toddlers, and small children, there are risks of injury with everyday activities of daily living like feeding time, play time, and, yes, even nap or sleep time. A high chair can pose a risk of injury to a child if the child is not properly strapped in AND supervised in a consistent manner by the day care center staff.

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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Truck Accident.001In Texas and other states, commercial trucks and semi-tractor trailers are common on the streets, roads, and expressways.  Due to the size of these trucks, it is important that the truck driver take all proper and necessary safety precautions for the safety of other drivers and passengers who will travel on and through the same streets, roads, and expressways. One measure that should be taken is to inspect the vehicle before departure to make sure that the height and width of the truck can safety travel under and through all bridges and overpasses.  For instance, if the truck is equipped with a boom or crane, it is vital that the boom or crane is lowered and otherwise secured that the truck is safe for travel through all roadways on the intended itinerary.  If there are any objects that are too tall or wide for safe travel, there can be disastrous consequences, accidents, crashes, personal injuries, and wrongful deaths.

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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Fireworks Personal InjuriesThere are certain times of the year in which the sales and ultimate ignition / explosion of fireworks are prevalent – July 4th (Independence Day), New Year’s Eve, and New Year’s Day.  It is at these very times of year that there are reports of both minor and serious personal injuries suffered by innocent children and adults merely in the area of the fireworks at bystanders and spectators.

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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

ABCs-on-Green-Background-Day-Care-Center-Injuries-150x150

In schools, day care center, and summer camps, children should be cared for in a safe environment by trained and caring individuals.  The top priority for all child care facilities should be the safety of the children.  Each and every child care worker should act in the best interest of the child.  For some children however, the summer camp, day care center, or school is the site of horrendous and unforgivable acts of neglect, abuse, and molestation by the very caregivers hired and paid to watch over the children.  When a child is neglected, abusee, or molested, a civil case or claim can be pursued on behalf of the injured child through the proof of the following elements:

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By David Wolf, Attorney and Robert Chaiken, Attorney

Truck Accident.001In communities throughout the United States, there is a common danger that is out on the roadways – day and night. The common danger is in the form of large commercial vehicles and semi-tractor trailers.  Certainly, companies have a right to conduct business and it is proper to utilize commercial trucks and semi tractor trailers in intrastate commerce and in interstate commerce; however, when the commercial or truck driver crashes into other vehicles or causes a crash due to the negligent driver of the commercial or truck driver then there is a cause of action against both the driver and the company that he or she is driving on behalf of.  When there is a crash with semi tractor trailer, the resulting damage to both other vehicles, drivers, and passengers can and often is quite significant and in some cases tragic and devastating.  Certainly, all drivers have a duty to operate the motor vehicle in a safe and reasonable manner by observing and obeying speed limits, street signs, traffic, and weather conditions.  Commercial and truck drivers have special training or at least should have special training to operate such large vehicles.  It is important that the trucks are well maintained and that driver logs are meticulously maintained and followed.  One drowsy or overworked truck driver can change the life of another person and his or her family in a split second.
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By David Wolf, Attorney

medical_2008015232-1113int.epsIn Georgia and other States, children are the unfortunate victims of pedestrian accidents involving an impaired driver.  Whether the driver is impaired by alcohol, drug use, or a combination of the two, children especially child pedestrians are put at risk for serious personal injuries and harm.  When there is a pedestrian personal injury matter involving an impaired driver, there can be one or more legal matters that result and proceed:  1. Administrative; 2. Criminal; and 3 Civil.
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By David Wolf, Attorney
Teddy Bear Sleeping on MoonDay care centers are relied upon to provide care for children so that parents can support the family.  While many would prefer to care for their own children during the day and avoid day care centers completely, the economics and practicality of the matter is that many parents have no other viable choice but to utilize day care centers for their children.  Tragically, deaths occur at day are centers from incidents that are foreseeable and preventable.  An otherwise normal day turns into a nightmare that lasts a lifetime when a child dies as a result of neglect, negligence, carelessness, and even intentional acts.  Children especially infants and toddlers are vulnerable for injuries and medical complications that do not typically occur with elementary age and older children. In particular, infants and toddlers are at risk for complications that take place during a common activity that takes place at just about every day care center – big and small – in the United States.  This common activity, to the surprise of many people, is sleep time or nap time.  Infants lack the muscle strength and especially the neck strength during sleep time to lift themselves off of their stomachs.  As such, if an infant is placed on his or her stomach during nap time or simply rolls over on the stomach, this can lead to a very dangerous and even fatal situation.  This is especially problematic if the supervision is lacking, if the facility is understaffed, and / or the child care providers lack the education and training to recognize the risks or to act swiftly to protect the child.  Matters are further complicated when a child is placed in sleeping or napping environment filled with soft pillows, sheets, stuffed animals, a Bobby pillow, and / or a soft mattress.  Any of these items can contribute to a tragic situation in which a child suffers injuries or dies from suffocation, SIDS (Sudden Infant Death Syndrome), asphyxiation, or other similar complications.
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 By David Wolf, AttorneyPublished by Child Injury Lawyer Blog

Building Block - M - Day Care Center

In day care centers located in South Carolina and throughout the Nation, there is a common danger that many parents and day care center providers do not understand and even ignore.  The common danger to children is present during nap time or sleep time.  There is a risk of suffocation, asphyxiation, and SIDS related injuries and deaths during sleep time or nap time.   Many child care providers and day care center providers swaddle newborns and infants in day care centers. Swaddling is the practice of wrapping an infant in blankets snuggly so that movement is limited.
Pediatric experts have mixed opinions as to the safety of swaddling in the home and day care center.  Many experts warn against the use of swaddling that there is a potential increased risk of suffocation, asphyxiation, and SIDS related injuries that may be associated with swaddling according to some reports and studies.  Some pediatricians and child care providers are proponents of the practice because it tends to calm infants and allows them to sleep for longer periods of time.  Again, others are against the practice of swaddling due to potential health and safety risks. 
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By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Building Block - M - Day Care CenterIn Connecticut and other States, day care centers, schools, and summer camps should be safe havens for children. Unfortunately, at these very locations, children are subject to abuse, neglect, and corporal punishment. Let’s face it. Children, at times, will misbehave and fail to follow instructions. However, this is no reason for hitting or striking a child in a day care, school, or summer camp setting. In fact, there are no good reasons to justify the abuse, neglect, corporal punishment, or exploitation of a child. When a child is abused or neglected in a child care setting, there may be one or more legal proceedings that result from the alleged bad conduct of the day care provider. There may be an arrest or criminal prosecution in the form a criminal case. There may be a fine levied against the day care center or a suspension of the license in the form of an administrative procedure. There may also be a civil case or claim against the individual day care center provider and / or business for the injuries / damages suffered by the child. It should be noted that the pursuit of any one of the three types of cases are not dependent on each other. For instance, a civil case or claim can be pursued even if there are no criminal charges filed.

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