Articles Tagged with negligence

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By  David Wolf, Attorney

sports_1000009537-120613intIn the summer and other times of the year, there is always a risk of drowning to toddlers, children, teenagers, and yes adults.  Putting safety measures in place is not just for special events and public pools.  Safety should be a priority any time that a person (of any age) is on, in, or near the water whether it is a swimming pool, water park, wading pool, lake, river, canal, or ocean.   Even a lazy river winding itself around the confines of a luxury resort can be the site of a horrible yet preventable drowning or near drowning incident. Most drowning or near drowning incidents can be prevented with the proper planning and the proper supervision of the swim area.   Let’s talk a bit about supervision.  Here is an equation to consider:
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 By  Steven Smith, Attorney and David Wolf, Attorney

Building Blocks Glossy -R - Day Care CenterIn New York and other states, there is a nightmare that parents have experienced with a day care center.   The nightmare has a common time line.  Here is is:
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By Roy Dickinson, Attorney and David Wolf, Attorney

Published by the Child Injury Lawyer Blog

Fire Rescue - Blue TruckWhen a parent drops off a child at a day care center, the parent expects that the child will be cared for in a clean and supportive educational environment. The reasonable expectation of the parent is to pick up a happy, healthy child at the end of the day.  With single parent families or dual income working families, day care centers are essential for the family to be able to deal with life changes and stresses.  A good and caring staff at the day care center can go a long way to providing for the needs of the child.   Unfortunately, for some children, serious personal injuries and even deaths result at the day care center.  Is the day care center responsible or liable for every incident?  The answer is No.   Let’s go back and take a closer look at this particular question. The important words are “every incident”.   Just because a child is injured or even dies at a day care center, this does not mean by itself that the day care center is liable for responsible for the injuries.
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By  Andrew Baker, Attorney and David Wolf, Attorney
Building Blocks Glossy - Q - Day Care CenterIn Ohio and other states, parents rely on day care centers to supervise their children during the busy work day.  For many parents, there is no choice but to use the services of a day care center.  It is certainly a challenge to provide the support of the family while paying for day care. Ideally, a child is placed in and cared for in a day care center that provides a safe, clean, and educational environment for the children.  Unfortunately, for far too many children, many day care centers are actually unsafe, unclean, and provide little in the way of education to the children enrolled in the child care program.   One would think that the State entity in charge of licensing and inspecting day care centers would evaluate all aspects of the day care center including the cleanliness, safety, and educational value of the facility.
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By  Keith Kerfeld, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Fireworks - Child SafetyDuring the month of July and especially on or near the Fourth of July, fireworks are commonly ignited. Some fireworks are set off at the family home while others are at a more former celebration like a public park, downtown area, community center, or stadium.  It is vital that fireworks are ignited in the safest manner possible.  Unfortunately, despite the known risks of fireworks, children are injured every year.  Many such personal injuries are preventable.

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By  Jonathan Safran Attorney and David Wolf, Attorney

Building Blocks Glossy -R - Day Care CenterIn Wisconsin and other states, parents rely on day care centers for the supervision of their children during the work day.  In most instances, a child is cared for in a supportive and educational environment.   However, there are also plenty of day care workers who lack the patience, personality, and temperament to properly care for small children. For instance, let’s say that a child is not responding to instructions or commands.  Some day care providers will then pull, shove, or push a child to get them going.   The rough handling or assault of a child can and does lead to serious personal injuries including bruising, fractures, lacerations, and even internal injuries.  Children, especially infants and toddlers, are susceptible to injury any time that they are pulled, pushed, shoved or grabbed.  When an adult pulls on a child’s arm, there can be a dislocation, fracture or other injury.  It is certainly not an easy task to supervise and monitor children; however, this does not excuse a day care center worker from rough handling a child under the supervision of the worker and the day care center.
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By  David Wolf, Attorney

Building Blocks LThe recent death of a young child in the Louisiana unlicensed day care center sparked a debate about which day care centers should be regulated.  Under Louisiana’s current system, a day care center which cares for less than seven children exclusive of family members of the day care center operator is not required to obtain a license. Because of this, smaller day care centers are operating under the radar and oversight of state and local regulations are still operating  legally. When a day care center is not licensed as required OR not required to be licensed by the state, it is common to see unqualified staff members hired, facilities that are disrepair, and supervision that falls to protect the health, safety, and welfare of the children enrolled in the day care program.

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blue and vibrant swimming pool side

Swimming Safety – Importance of Touch Supervision

By  David Wolf, Attorney

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By  Keith Kerfeld, Attorney and David Wolf, Attorney
Crayon Colors

Day Care Center Regulations – Minnesota

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By  David Wolf, Attorney
Kids Number Block As Symbol For Numeracy Or CountingParents rely upon day care to provide for the parent the child during working hours. For most childre in day care, the experience is a positive one filled with education, activities, and socialization.  For some children, however, a day care center is the site of a serious personal injury and even a tragedy in the form of a death.  Most child care providers are well-trained, caring individuals who put in a hard day of work to properly supervise children. At times, a day care center is a location where a child takes his or her last breath. Imagine the shock of a parent who drops off a child in the morning at a day care center only to learn that the child died at the day care center later that day.
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