Articles Tagged with personal injury

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By David A. Wolf, Child Injury Lawyer Blog

Crayons-175x300Working parents rely upon day care centers so that the family can be supported and the child can be properly cared for during the work day.  Many day care centers do an excellent job of educating, supervising, and caring for the children enrolled in the child care program.  Other daycare centers, however, cut corners and end up harming the children that they are responsible for supervising.  It is certainly unfortunate and tragic in many cases when a child suffers personal injuries in a day care center.  While government monitoring and regulation can help weed out and close down bad day care centers, it is impossible for any form of governmental regulation to prevent all injuries from taking place.

One article mentioned that a single state had 115 instances where day care centers were not meeting the minimum child to staff ratios, thereby leaving young children unattended and increasing the likelihood of harm. See Mississippi Increases Oversight of Day Care Centers. Many day care centers are underfunded and simply cannot afford to maintain the appropriate number of employees to adequately supervise the number of children at the center. This problem is very serious for young children of all ages. Infants need constant supervision to prevent accidents such as rolling off of changing tables or swallowing small objects, and toddlers need constant supervision to ensure that they are learning how to share and play well with others as well as to prevent them from injuring themselves or others or trying to run away.

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By David A. Wolf, Attorney – Child Injury Lawyer Blog

4_ToysWhile enrolled in a day care center, a child should be supervised in an environment that is safe and free from hazards.  The day care center should follow its own policies and procedures as well as the policies and procedures set forth by state and local licensing agencies and laws.  It is difficult to legislate or regulate every since situation or care provisions that take place in a day care center.  Furthermore, it should be noted that common sense can be used in the day care center. If something seems dangerous or risky to a child, then the hazard should be removed.  It is well known that children are curious and lack safety awareness.  As such, anything within reach of a child that can cause harm should be kept away from a child.  This includes but it not limited to hot water, liquids, food, ovens, burners, and other items that can and will cause burn type of injuries to a child.  When a child is burned, first aid should be provided and the parents and when necessary fire rescue / emergency services should be called in.

A civil case on behalf of child involves four essential elements:

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By David A. Wolf, Attorney – Child Injury Lawyer Blog
Trampoline Park and Bounce House Personal Injuries.001Over the past few years, there has been a growth in the number and presence of trampoline parks and indoor bounce house locations and facilities.  While these recreation, sports, amusement park, and theme park attractions can be great ways to have fun and exercise, they are also the locations of unfortunate and preventable injuries to children.  There are risks with any forms of physical activity and sports.  There are also safety measures and rules that should be followed to reduce these risks. If children, parents, and facility supervisors follow and enforce the rules and safety measures, many personal injuries can be prevented.
When a child is a guest or visitor to a trampoline park or bounce house, there is a duty on the part of the trampoline park / bounce house operator and owner to provide a reasonably safe play environment for the children.  The duty is one of the four elements necessary to prove up a case for personal injuries on behalf of the injured child.  The four elements are as the following:
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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

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 Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Poster art illustration of an american football gridiron runningback player running with ball facing front done in retro style with words National League Championship.

Throughout the United States, children are being injured in youth sports every day.  Certainly, there are risks in most every sport. However, many injuries can be prevented with better supervision. Furthermore, when a child is injured, it is vital that coaches and trainers take timely action to address the injury and potential complications. This is especially true when a child suffers a head injury.

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By  David Wolf, Attorney

Published by Child Injury Lawyer Blog

Building Blocks Glossy - P - Day Care CenterUnfortunately, spankings and corporal punishment are still prevalent in many communities.  It is a tradition that has been literally handed down from generation to generation.  While there may be some time and family history to spankings and corporal punishment, the fact is that most States ban such activities and disciplinary measures in most day care centers and child care facilities.  Some church based or religious based institutions may have an exception from such State regulation.  Even in circumstances where spankings and corporal punishment are permitted, there are still child abuse laws in place that make it actionable or criminal if the spanking or corporal punishment is excessive and causes physical marks and / or the need for medical evaluation and treatment.  Clearly, the best way to make sure that a child is not subjected to excessive corporal punishment is just to refrain from it completely.   Corporal punishment and spankings put a child at risks especially by an adult who does not fully realize the size differential and the force that is applied when engaged in corporal punishment or spankings. Furthermore, it should be noted that many day care providers are angry when giving out punishments which can lead a day care provider to be out of control and really cause significant permanent injuries to the child.

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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  David Wolf, Attorney

103-1113tm-vector2-2933During the summer and other times of the year, children are welcomed visitors at trampoline parks, bounce house activity centers, attractions, and theme parks.  In fact, at these locations, the marketing efforts of the companies and corporations are commonly directed to children.  As such, if children are a major focus group of a company or business, then safety of those same children should be a priority as well.  Of course, with any physical activity, there is a risk of injury.
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By  Keith Kerfeld, Attorney and David Wolf, Attorney

Building Block - M - Day Care CenterIn Minnesota, day care centers are only as good as the staff that they hire.  It is important that a day care center perform a background check, train, and otherwise supervise the staff members providing care to the children enrolled in the day care program.  Due to a lack of training, supervision, or just inaction, apathy, or lazziness on behalf of the child care provider, children are far too often injured while under the care of a Minnesota day care provider.   There are two major reasons why children are harmed while under the care of a day care center:  1. Improper Maintenance of the Day Care Center; and / or 2. Improper Supervision.   Let’s address the second reason:  Improper Supervision.

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