Articles Tagged with wrongful death

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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 and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Building Blocks Glossy -R - Day Care CenterIn Michigan and other States, parents rely upon day care centers to provide for a safe educational environment. One basic responsibility of the day care center is to supervise the children in a manner so that the children do not wander away from the facility.

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By David Wolf, AttorneyPublished by Child Injury Lawyer Blog

cal-0814-va4-nurser_04In New Hampshire and other States, hard working parents rely on day care centers to supervise their children in a safe and nurturing environment.  It is well known that children especially toddlers need supervision at all times in all parts of the day care center including the classroom and the playground.  If supervision is lacking, a child may end up suffering serious personal injuries or even death while at the day care center.  It is important that the supervision provided be in compliance with local and state day care center regulations including the staff to child ratio, background checks, and training.  Furthermore, distracted supervision is not the same as supervision.  If a teacher or child care provider is present or near the children but otherwise occupied by a mobile phone, tablet, or some other distraction, supervision may be lacking which, in turn, may lead to serious consequences and injuries.
In New Hampshire, it was reported that a day care owner was convicted in a criminal proceeding for the death of a 4 year old girl.  The incident took place in the backyard of the home day care center located in Enfield, New Hampshire.  It was alleged that the day care center owner put the children at risks for the lack of supervision.  The child died after a two day hospitalization.  The child was found hanging by her coat in the backyard.  This was a criminal proceeding involving the conviction of the day care owner. Since the facility was unlicensed, there is a strong probability that there was a lack of liability insurance.  Because of this, there were most likely practical financial obstacles to successfully pursuing a civil case AND collecting upon a settlement or judgment. See New Hampshire Day Care Center Owner Convicted in Death of Four Year Old Child. 
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By  David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Building Blocks Glossy - P - Day Care CenterIn New York and other States, a parent finds out the true quality or better stated deficiencies with a day care center only after a child is injured or after a child died at a day care center.  A recent death of an infant made State of New York and National headlines.  The child died at an unlicensed day care center on the first day that he was under the so-called supervision of a day care center.

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By  David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Building Blocks LIn Illinois and other States, parents rely upon day care centers to provide a safe, nurturing environment for their children during the busy work day. For most children on most days, a day care center provides proper supervision to keep the children safe and out of danger. Unfortunately, there are days (far too many days) when a child is injured while under the so called watch of a day care center.

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By  David Wolf, Attorney

Published by Child Injury Lawyer Blog

hot-dog-4-052314-akpMost people are aware of the risk of injuries and death to children resulting from an automobile accident, bicycle accident, pedestrian accident, and drowning.  One common cause of death that is not so obvious to some parents and caregivers involves choking on small objects.  For instance, hot dogs are particularly risky to young children.  The cylindrical, compressible object can become lodged in the airway of a child.
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By  David Wolf, Attorney

cal-0814-cl5-funpark11During the summer months and other times of the year, amusement parks and theme parks are packed with guests.  For most, the day or evening at the theme park or amusement park is filled with good times, fast but great tasting food, and fun rides.  For some guests, the day or night at the theme park or amusement park is one filled with personal injuries or even the untimely and tragic death of a guest or rider.  There are risks inherent with any activity; however, amusement park and theme park rides should be sound from an engineering and mechanical standpoint.  It is also important the the theme park and amusement park is properly staff with individuals who are trained and otherwise dedicated to the job.  Unfortunately, some theme parks or amusement parks are staffed with low paying employees who are not very motivated to do a good job.  Furthermore, there is a certain boredom or montony with the task of running a ride over and over again. It is the same task.  The work can be quite dull and this, in turn, can distract the ride operator into some daydreaming, sleep, and other distractions like mobile phone use.  Some ride operators mayy even under the influence of drugs or alcohol just to get through the shift.
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By  Keith Kerfeld, Attorney and David Wolf, Attorney

Day Care Center Sleep and Nap TimeParents rely on the day care centers and child care centers for the supervision of their children.  There are some obvious risks that need to be accounted for in and around the day care center.  For instance, if the day care center is in a busy commercial area, children should be closely monitored to prevent a child from wandering out the door or wandering out of the fenced area and into traffic.  Wandering into traffic is an obvious danger.   A not so obvious danger involves sleep or nap time. One would think that the safest place for a child at day care center would be the crib or the sleeping area.  One would think that a child could not possibly be harmed while engaged in the relaxing slumber of a good sleep or a good nap.  However, this is the very time and place in which many children are harmed especially toddlers and newborns when the sleep area is unsafe for the age or size of the child AND / OR when the sleep or nap time supervision is lacking or dangerously non-existent.   Most states in the day care and child care regulations set forth rules, guidelines, and regulations for sleep time / nap time related responsibilities of the day care center. One such state is Minnesota.
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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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