Child Injury Lawyer Blog

Are Children With Hearing Loss at Risk for Injury When Safety Features and Devices Are Lacking?

Tue, 19 Mar 2013 12:00:00 -0500

By David Wolf, Attorney and Sarah Peters, Law Clerk
Published by Child Injury Lawyer Network

Are children with hearing loss more vulnerable to injuries when a school or day care center neglects to install and maintain certain safety features?

In short, the answer is “yes.” Since 1990, the Americans with Disabilities Act (ADA) has promoted and ensured equality and protection among individuals with disabilities. This act requires federally funded programs to provide auxiliary aids and / or services in a form suitable to the individual(s) with disabilities. This means that the ADA plays an essential role in public schools and in some day care centers.

While the necessary aids and services may vary upon the individual and their circumstances, for students with hearing loss, it is particularly vital that schools install and maintain various safety features, including visual flashing alarms. When a child is unable to hear, the flashing lights may serve as the only indication that an emergency has arisen, fire or otherwise. Without it, a deaf child may be oblivious or unaware of an emergency situation, the child is at greater risk for suffering an injury.

Another beneficial safety device / feature for a day care center, school, or other place in which children are supervised / educated may include an amplification system that works with hearing aids. This system wirelessly amplifies sounds, so those with hearing aids can hear verbal cues more clearly. Without it, background noise or distance may interfere with effective communication, and leave a child more vulnerable to injury.

Additionally, for a number of safety reasons, schools, and day care centers should implement a building entry system that is not dependent upon auditory means. Where access is dependent upon an auditory cue, a child with hearing loss will be unable to enter, leaving that child vulnerable to harm or injury (especially if he or she is left unattended). Similar to the other aids and services, this safety device is key to preventing injuries to a child and is a preventative measure against other related injuries.

Lastly, a TTY (telecommunications device for the deaf) may be necessary. Without it, a member of the school staff may not be able to communicate with a deaf child or his or her parents (who may also have some form of hearing loss). With the inability to communicate remotely, a school is unable to effectively and timely report a child’s sickness, injury, discipline, etc. This inability can jeopardize a child’s health and well being.

If a child has been harmed due to the lack of safety devices installed in a school or day care, the parent or guardian can contact a Child Injury Lawyer for advice, consultation, and legal representation. A Child Injury Lawyer will be able to evaluate the merits of your case and advise the parent accordingly.

For more information, please reference the Americans with Disabilities Act, or for a brief synopsis, see the National Association of the Deaf.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Automobile Accidents, and other topics. You can get this book for free at The ABCs of Child Injury.

What are the Risks and Dangers in Day Care Centers of Placing an Infant on the Tummy / Stomach? (Risks of Suffocation)

Sun, 10 Mar 2013 06:00:00 -0500

By George Podgorny, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In North Carolina and other States, infants are at risk for serious personal injury and even wrongful death while under the care of a day care center. Many people believe that the safest "activity" for an infant at a day care center is nap time or sleeping time. Actually, nap or sleep time can be a very dangerous activity if the child is not properly monitored. In particular, there are serious risks to an infant when an infant is placed on his or her stomach. The risks include those related to suffocation especially when an infant is placed on a soft mattress or near stuffed objects. The National MCH Center for Child Death Review has more information on the topic of Suffocation. Parents and child care providers should review this information and other resources regarding this topic. Furthermore, it is vital that child care providers are properly trained as to the proper supervision of children including infants while under the care of a day care center.

In Fort Bragg, North Carolina, it was reported that a 4 month old child died while under the care of Pope Child Development Center at Fort Bragg. The child - Santino "Sonny" Degenhard - was placed on his stomach during "tummy time" and died as a result of suffocation. An investigation revealed a videotape that captured Sonny's struggle on the floor after he was placed on his stomach. Following the death and investigation, the parents have worked hard to get the word and message out about the dangers of "tummy time" and the tragic end of Sonny's death.

Hopefully, other child care providers and day care centers will be able to learn a lesson or two to this incident and take better efforts to monitor infants during sleep time, nap time, and other time periods at a day care center. You can read more about the incident that took place at this Fort Bragg day care center at Baby Dies During Tummy Time at North Carolina Day Care Center.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Day Care Center Injuries, Homeowner's Insurance, Automobile Accidents, Medical Care and Treatment, and other topics. You can get this book for free at The ABCs of Child Injury.

What if a Child is Injured at an Unlicensed Day Care Center?

Sat, 09 Mar 2013 06:00:00 -0500

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia and other States, there are a number of day care centers that operate without a license in place which means that there typically is a lack of oversight by government entities of these facilities. Some unlicensed facilities actually provide decent child care and supervision; however, it is a risky venture to put a child in an unlicensed day care center. For starters, the operators of the day care center are already breaking rules by opening up the day care center. If one rule is broken, there is a strong probability that many rules are broken. This, in turn, can lead to unsafe and dangerous conditions being rampant at an unlicensed child care facility.

If a child is injured at an unlicensed day care center, there can very well be a legal case to pursue against the operators and owners of the facility. The fact that the facility is unlicensed will make the owners and operators look bad in front of any judge and jury. From a practical standpoint, there may be a problem pursuing a case or claim against the owners and operators of the facility. If the owners and operators failed to get proper licensure, it is highly unlikely that there is liability insurance in place. A facility that cuts corners is a facility that will cut more corners. In other words, if there was no effort to get a license, then there probably will not be any effort or funds provided for liability insurance.

A lawsuit or claim can still be pursued even if there is no liability insurance; however, from a practical standpoint, there will be collectibility issues against most day care centers that do not have liability insurance.

If a child is injured in an unlicensed facility, a parent should consider reporting the facility to the State authorities to conduct an investigation. In addition, a parent should contact a Child Injury Lawyer for advice, consultation, and possible legal representation. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Automobile Accidents, and other topics. You can get this book for free at The ABCs of Child Injury.

In Savannah, Georgia, it was recently reported that an unlicensed day care center was closed down and that the operators were arrested. It was reported that children at the facility were, at times, left at the facility without adult supervisor. You can read more about this story at Unlicensed Day Care Center Shut Down by Authorities in Savannah, Georgia.

What Should a Parent Do When a Child Pedestrian is Hit by a Car?

Fri, 08 Mar 2013 06:00:00 -0500

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In every community, children can be seen playing in the neighborhood and throughout the community. It is common to see children in crosswalks, roadways, sidewalks, and other areas that may present a danger to them. Drivers should slow down in residential communities, parking lots, and other areas with child pedestrians. Unfortunately, children are injured far too often in driveways, parking lots, streets, crosswalks, and other areas as pedestrians. When a child pedestrian is injured as a result of an automobile accident, a parent is often faced with many issues and challenges including the following:

Should the police be called? In most every instance, the police should be called to document the incident. Often times, stories change and facts are denied. A police report will help clarify the facts as they appeared at the accident scene and will help obtain automobile insurance information. While it is not necessary under most State laws to have a police report to pursue a civil case or insurance claim, accidents that are not reported to the police are often times questioned or challenged by insurance company.

Where should the child obtain medical care and treatment? The level and type of treatment will depend on the severity of the injuries. A parent may take the child to a local emergency room, pediatrician, primary care doctor, injury or accident clinic, or other location for an evaluation and treatment. Parents should act swiftly if the child has any symptoms or complaints following an accident.

Should photographs be taken at the scene of the accident? of the injuries? The simple answer to this question is "Yes". To the extent possible, photographs at the scene of the accident or incident can be extremely helpful. It is also important to take photographs of any visibile injuries caused by the accident.

Of course, there are a number of other issues and challenges presented to a parent when a child pedestrian suffers personal injuries in an accident. A parent should consult with a Child Injury Lawyer for advice, consultation, and legal representation of the injured child. Another good resource for parents is the book - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident. This book has chapters on Pedestrian Injuries, Bicycle Injuries, Automobile Accidents, Damages and Compensation, Settlement, Wrongful Death, and other topics. You can get this book for free at When the Wheels Stop Spinning.

What are the Risks Present in Most Homes, Day Care Centers, and Schools? (Televisions and Unsecured Furniture)

Thu, 07 Mar 2013 06:00:00 -0500

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other States, there is a danger present in most homes, schools, day care centers, and other facilities where children are cared for or supervised. The danger is quite common but not something that is so obvious to many parents and child care givers. The danger is associated with televisions and unsecured furniture. These items can fall and over tip over on a child. Sometimes, an incident happens when a child or another person bumps into, moves, or climbs on or near the television or unsecured bookcase or other furniture item. The weight of these items falling on a small child can cause serious personal injuries and, in some instances, the tragic death of a child.

Homeowners, business owners, day care centers, child care centers, schools, and other property owners and managers should inspect the location and stability of all televisions and furniture items susceptible to tipping over. When possible, the television and furniture items should be braced to secured to prevent tipping. These safety measures can be completed by the property owner, property manager, or a general contractor. While there may be some effort or expense associated with these safety measures, the costs will certainly justify the fact that children will be protected from harm caused by these items.

A recent tragedy was reported in Bakersfield, California. It was reported that a television tipped over and caused the death of 4 year old child. Police and fire rescue were called to the scene which was at the child's home.

You can read more about this story at Child Suffers Personal Injuries and Dies from a Falling Television Set at Family Home.

The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Homeowner's Insurance Day Care Center Injuries, School Injuries, Playground Injuries, Sports Related Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

What is the Law in Wisconsin as to Day Care Center Van and Bus Safety Alarms?

Wed, 06 Mar 2013 06:00:00 -0500

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wisconsin, day care centers, that provide for transportation on a van or a bus for six or more passengers, are required to have a safety alarm installed. The law was put in place in response to the tragic death of Jalen Knox-Perkins who was mistakenly left in a day care van by a Milwaukee Wisconsin day care center. Jalen was only 4 months old at the time of the incident. The death of this child was a loss for the family, day care center, and community. The death of Jalen Knox-Perkins helped, in part, convince lawmakers in the State of Wisconsin to pass a law requiring safety alarms be placed in day care center vans and buses.

The alarm works in a simple matter. Once a vehicle is turned off, an alarm is sounded from the back of the bus. The bus driver then must physically go to the back of the bus to turn off the alarm. This, in turn, forces the bus driver to do a visual sweep or visual inspection of the bus or van to make sure that all children were removed from the van or the bus. While there is an expense to the day care center to install these safety alarms, the expense is well worth it as this one simple safety measure can and will save lives and prevent injuries that take place when a child is left unattended in a day care center van or bus. You can read more about this law and fines associated with the failure to comply with the law by Wisconsin day care center providers at Fines Levied Against Wisconsin Day Care Center Providers.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, Theme Park and Amusement Park Injuries, and other matters. You can get this book for free at The ABCs of Child Injury.

What are Key Factors in Evaluating a Case Involving Injury or Death at a Day Care Center?

Tue, 05 Mar 2013 06:00:00 -0500

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When a child is injured or dies at a day care center, a parent is often faced with a number of issues and challenges. Many questions come to mind. How could this happen? Did I leave my child in the wrong facility? What exactly happened? What am I going to do next? What should I do next? As a Child Injury Lawyer, I am often contacted after a child is injured or when a child dies while under the care of a day care center. Here are the key factors that are evaluated when a child is injured or dies at a day care center:

1. Duty. A day care center is required to follow the applicable day care regulations and otherwise act in a reasonable manner as to the care and supervision of the children enrolled in the day care center.

2. Breach of Duty. This refers to the actions or inactions of the day care center as they relate to the applicable duties and responsibilities. Did the day care center provide sufficient staff? Was the staff properly educated? Was the facility properly maintained?

3. Causation. This is a key element and often times the most challenging element of a case. Did the breach of duty cause the injuries? For instance, let's say that a day care center failed to have a license in place or had an expired license. A child had an asthma attack and was taken to the hospital. There was no proof or showing that the day care center caused or contributed to the asthma attack. The child was promptly taken to the hospital where the child received care. While the day care center breached its duty to have a valid license in place, it does not appear that this breach of duty had anything to do with the child's medical condition. As a second example, let's say that the facility failed to lock up poisonous chemicals. A child got access to the chemicals and ingested them. He was rushed to the hospital where his stomach was pumped and he remained for 2 days at the hospital. The breach of duty (failure to safeguard or lock up poison) was causally related to the damages.

4. Damages. This refers to the injuries or harmed caused by the breach of duty. In some instances, the damages are very minor in nature. For instance, a small scratch to a finger may have been caused by negligence; however, it may not make sense to pursue a case or claim where the damages or injuries are very minor. It should be noted that each case should be evaluated on its own merits as to the legal sufficiency of the case and whether it is practical to pursue a claim or case on behalf of the injured child or the family of a deceased child.

In Carmel, California, it was reported that a child died at a day care center. An investigation revealed that the child died as a result of suffocation from the bedding. Three individuals have been criminally charged regarding the incident. You can read more about this incident at Criminal Case: Child Dies from Failure of Supervision at California Day Care Center.

It would appear that a civil case or claim could be pursued in a case in which a child was harmed as a result of suffocation due to the bedding in place at a day care center. There was a duty to place an infant in a child safe sleeping area. The duty appeared to be breached by failing to have a safe sleeping area and then failing to respond to the child's medical needs. The breach of duty appears to be causally related to the damages (death of the child). Of course, each case including the one that took place in Carmel California must be evaluated on its own merits and the evidence that is available and admissible in the civil case.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Medical Bills and Treatment, School Injuries, Playground Injuries, Theme Park and Amusement Park Injuries, Homeowner's Insurance, and other topics. You can get this book for free at The ABCs of Child Injury.

Is a Day Care Center Liable When a Child is Molested or Assaulted by Another Child?

Mon, 04 Mar 2013 06:00:00 -0500

By Google">David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents rely on day care centers to provide a safe educational environment for children. Unfortunately, many children are harmed in the very place where they should be safe. In some instances, a child enrolled in a day care center is harmed, attacked, assaulted, or molested by another child in the day care center. An attack at a day care center can have a profound effect on the victimized child as well as the family of the victimized child. Is a day care center liable for the injuries or damages caused by the attack of a child by another child enrolled in the day care center? Like many legal issues posed to me as a Child Injury Lawyer, the answer depends on the laws and regulations in place, the actions or inactions of the day care center, the knowledge on the part of the day care center, the foreseeability of the incident, preventability of the incident, and other factors.

Consistent and diligent supervision is key to the operation of a a quality day care center. Children should not be left alone and all staff to child ratios should be followed through the day. There are a number of risks that present themselves in a day care center including those related to choking hazards, poisons, playground equipment, and, yes, other children. Because it is well known or should be well known to day care center that one child could harm another, it is vital that the day care center is organized and well staffed at all times. Many child on child attacks and assaults take place when a staff member is not present or is not otherwise paying attention to the needs of the children.

When a child is attacked or molested at a day care center, it is vital that the parents take swift action in contacting a Child Injury Lawyer for advice regarding the next steps to take as to the matter. Often times, a Child Injury Lawyer will recommend that the incident be reported to law enforcement, the child welfare / social services, and medical providers so that a full investigation can be conducted as to the incident and injuries resulting from the attack or assault. These matters can be quite complicated. Because of this, it makes sense to consult with a
Child Injury Lawyer to get guidance as to how to best deal with the situation.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, Automobile Accidents, and other topics. You can get this book for free at The ABCs of Child Injury.

Is New-Age Technology a Leading Cause of Adolescent Hearing Loss?

Sun, 03 Mar 2013 12:00:00 -0500

By Sarah M. Peters, Law Clerk and David Wolf, Attorney
Published by Child Injury Lawyer Network

As technology becomes more advanced and prevalent, the number of children with hearing loss grows. In the United States, twelve to fifteen percent of the 10 million people with hearing loss are school-aged children. The abundant use of new-age technology like music players and gaming systems have contributed to this increased percentage.

Hair cells in the inner ear vibrate and transmit nerve impulses to the hearing center of the brain. These hairs can lose their ability to transmit sound if damaged by loud noises. Unlike other parts of the human body, these hairs cannot be repaired or regenerated. Therefore, a child’s hearing loss can progressively get worse. In other words, hearing loss cannot be fixed, only remedied by such things as hearing aids.

Noises exceeding 85 decibels (decibels being the unit to describe sound intensity) are capable of causing hearing loss. Many everyday noises can reach or even exceed this number. In fact, at full volume, the iPod can reach 115 decibels, a volume unsafe for listening. Comparatively speaking, 115 decibels is almost double the volume of a normal conversation, which is measured at approximately 60 decibels. It is essential that parents understand the risk and dangers that loud noises pose to their children.

Where loud noises may be present, parents should encourage the use of noise-cancelling headphones or silicone/wax earplugs. It can be difficult to determine what is too loud, but one thing is for sure, if a sound is capable of hurting an adult ear, it will certainly hurt a child’s sensitive ear. In addition and likely most common, if you are able to hear your child’s music from the headphones which lay rested in their ears, it is safe to assume they are listening at an unsafe volume. Music players and other noise producing devices occupy a large portion of a child’s time, so unless these devices are used reasonably, they have the potential of creating hearing loss and a number of other issues. These issues include but are not limited to, poor performance in school, a constant ringing or buzzing noise, and / or deafness.

Is it Hearing Loss? How do you know if a child has hearing loss? There are a number of tell tale signs, which include a child’s tendency to say “huh?” or “what?” (More than what a child normally would), turning the TV up louder, and doing poorly in school. It is important that parents monitor their child’s hearing through routine hearing checks, which can often be administered by a primary care doctor or Ear Nose and Throat physician. For more information on this topic, see Hearing Loss in Adolescents.

What Does It Mean When a Lawsuit Is Filed? Does the Filing of a Lawsuit Guarantee a Financial Recovery in a Wrongful Death Case Involving a Child?

Sun, 03 Mar 2013 06:00:00 -0500

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents devote the greater part of their days and nights to the support, education, and welfare of their children. Many parents rely on day care centers to help supervise their children while the parents are at work. It is common to see children raised in a single parent home or by two working parents. When selecting a day care center, convenience and price are just two of many factors that should be considered by a parent. Other factors to consider include: the licensing of the facility, the background and training of the staff members, the type of facility, condition of the facility, staff to child ratio, activities provided, and other factors.

When a child is injured or dies as a result of the negligence of a day care center and its staff, a lawsuit can be filed against the day care center to seek damages / compensation for the injuries and / or wrongful death of the child. Often times, as a Child Injury Lawyer, I am asked the following questions:

*What Does It Mean When a Lawsuit Is Filed?

*Does the Filing of a Lawsuit Guarantee a Financial Recovery in a Wrongful Death Case Involving a Child?

Let's address each of these questions.

What does it mean when a lawsuit is filed?
While the filing of many lawsuits make front page news, the fact is that it does not take much time, effort, or money to merely file a lawsuit. Typically, the lawsuit or Complaint as it is referred to in many jurisdiction must contain a plain recitation of the facts, applicable laws in place, and a request for damages or prayer for relief. Some lawsuits or Complaints do require some preliminary notices and thorough investigation like those involving medical malpractice and those involving sovereign entities. For most, the filing of a lawsuit may be a three page or more document that sets forth the basic facts of the case and the applicable law. The lawsuit or Complaint is merely the beginning of the litigation process rather than the bulk of it or the end of it. The lawsuit or Complaint formalizes the process of dealing with the other party and requires each side to abide by the local, State, and Federal (if applicable) laws in place pertaining to the cause of action alleged in the lawsuit / Complaint.

Does the filing of a lawsuit guarantee a financial recovery in a wrongful death case Involving a Child? The simple answer to this question is "No". Typically, there is no guarantee that there will be a financial recovery or payment obtained in a case. While a parent may have a very strong legal case for the wrongful death of a child, the named Defendants may not have liability insurance, assets, or even a job. Furthermore, in many instances, the filing of a bankruptcy can stay the proceedings and can result in no financial recovery at all. For the most part, an attorney will not typically file a lawsuit if there is no reasonable hope or expectation that an equitable amount of money will be recovered on the case. In some instances, an attorney may not have a prediction one way or the other whether there will be a financial recovery on a case. When a wrongful death lawsuit is filed or any other case for that matter, it is important for the family to discuss with the attorney the available insurance and the collectibility (if known) of a potential Judgment or Verdict against the named Defendants.

In Philadelphia, Pennsylvania, it was reported that a child drowned over the summer while under the care and supervision of Tianna's Terrific Tots Day Care Center. The owner left the children under the care and supervision of a person with a long criminal history. You can read more about this story at Philadelphia Pennsylvania Day Care Center Sued for Drowning Incident.

It is tragic that a child drowned while under the care of a day care center. The lawsuit was filed against three individuals. The filing of the lawsuit was reported by the Philadelphia Inquirer. In this case, there will be two basic issues to deal with:
1. Liability; 2. Damages; and 3. Collectibility.

Liability refers to what actions or inactions caused or contributed to the drowning death of the child. Was the incident foreseeable? Was the incident preventable? What was the level of supervision? Would better supervision have prevented the incident? What did the autopsy results show?

Damages refer to the losses sustained by the parents for the death of the child.

Collectibility refers to whether the Defendants will settle and actually pay funds to the family of the deceased child. Alternatively, collectibility refers to whether there are assets and / or insurance to collect from for a settlement or judgment.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Swimming and Water Park Injuries, Amusement and Theme Park Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

Is a Day Care Center Liable When a Child Suffers Injuries or Dies from a Choking Incident?

Sat, 02 Mar 2013 12:00:00 -0500

By George Podgorny, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Children require supervision due to a number of reasons. One involves the risk of choking. The level of risk depends on the age and physical development of the child. In the day care center, a child can choke on a food object or an everyday object like a coin, part of a toy, and other objects. Because of the real risk of choking, it is important for a day care center and its staff to maintain a safe environment that is free from hazards including those relating to choking.

Is a day care center liable when a child suffers injuries or dies from a choking incident? Like many legal and practical issues that are presented to me as a Child Injury Lawyer and Child Safety Advocate, the answer is "it depends." There are a number of factors to consider when a child suffers injuries or dies as a result of a choking incident. These include but are not limited to the following:

the age of the child;
the physical development of the child;
the cognitive development of the child;
special needs of the child;
the dietary restrictions of the child;
allergies of the child;
number of staff members in place at the time of the incident;
training of the staff members in CPR and choking prevention;
response of the staff members to the choking incident;
preventability of the choking incident;
foreseeability of the choking incident; and
other factors.

A simple food item like a carrot or hot dog can be deadly to an infant or toddler. Furthermore, an everyday object like a coin or part of a toy can also be deadly. Because of these risk factors, it is vital that a day care center follow the State mandated child care regulations, its own rules and regulations, and otherwise exercise common sense and due diligence as to the maintenance of the day care center and the supervision of the children enrolled in the day care center.

A recent choking incident was reported in North Carolina. It was reported that a child choked on a piece of food at the Lucky Ducks Child Care in King, North Carolina. Tragically, the child died as a result of the choking incident. It was reported that the cause of death of accidental choking per the autopsy. The King Police Department reported that the State Bureau of Investigation will review the incident. You can read more about this story at Child Chokes to Death at King North Carolina Day Care Center.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

Are Child Care Facilities at Gyms Regulated by the State? What If My Child Is Injured?

Fri, 01 Mar 2013 23:30:00 -0500

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other States, parents rely on day care centers, schools, after school programs, camps, and gyms for child care. In most instances, the children are supervised in a caring environment. Depending on the State, size, and location of the child care facility or program, the child care center may or may not be required to have a day care license by the applicable licensing authority.

For instance, in California, day care and child care provided by a gym are not regulated by the State agency authority. As such, these facilities are not supervised or monitored aas a licensed day care center facility. While many such facilities are safe and provide adequate supervision, the lack of regulations and oversight can be troubling for a parent. See California Day Care Centers at Gyms Are Not Licensed.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

Question: Why is it Important for Day Care Center Facilities to Follow State and Local Regulations? Answer: Child Safety.

Mon, 11 Feb 2013 11:00:00 -0500

By Michael P. Healy, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Hawaii and other States, day care centers are licensed by the State and have a duty to comply with State and local regulations as they pertain to the operation and maintenance of the day care center. Many such regulations have a direct impact on the safety of the children being cared for in the day care center. When a child is injured at a day care center, the incident, in many cases, results from a failure to follow day care center regulations or otherwise provide adequate and appropriate child supervision. Many day care center operators do not even bother with the requirements to obtain a license. Some get a license but only follow the applicable day care center rules and regulations when there is an inspection and / or deficiency cited by the State governing agency. When a child is enrolled in a day care center, parents should be proactive in asking questions and obtaining information as to the licensing and inspections of the day care center. If the day care center fails to provide such information or is resistant to give such information, that could be a warning sign for parents with children enrolled in the day care center program. Parents can also request public documents and information directly from the State regulatory agency.

In the State of Hawaii, the DHS (Department of Human Services) is the government agency that licenses and inspects day care center. You can find important information and news developments at the DHS Website - Child Care Program.

It was recently reported that a day care center had its license suspended by the State of Hawaii Department of Human Services. It was reported that the Kids Play Corner was cited with repeated noncompliance of the Hawaii Day Care Center Licensing Requirements. You can read more about this story at DHS Shuts Down Kona (Hawaii) Day Care Center.

When a child is injured at a day care center, a parent is often faced with many challenges and issues. A Child Injury Lawyer can provide guidance and legal representation, when needed, following an incident or injury at a day care center. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

What are the Legal Ramifications When a Babysitter Hits and Injures a Child?

Wed, 23 Jan 2013 06:00:00 -0500

By Steven R. Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York and other States, parents rely on family members, friends, neighbors, and others to serve as babysitters. While most babysitters are very caring individuals, there are some babysitters out there who lack the training, experience, personality, responsibility, and / or temperament to effectively serve, work, or volunteer as a babysitter. While it is often times helpful to do a background check on a babysitter, this is not always practical and many parents lack the funds or know how in conducting a background search on the babysitter. Some babysitters may have a clean criminal record but still present a danger to the child entrusted to the babysitter's care. When the actions or inactions of a babysitter results in a the harm or injury to a child, there may be legal ramifications to the incident:

Criminal Charges. A babysitter can be arrested if there is evidence or probable cause to support an investigation that the babysitter intentionally assaulted the child or was criminal negligent in the supervision and / or care of the child. The local police and State Attorney / prosecutor's office work together to determine which cases to prosecute and the charges to bring against a babysitter whose actions caused harm to a child.

Administrative Case. If the babysitter worked at a day care center, school, or was otherwise regulated by a State or local agency, there may be an administrative case filed against the babysitter and / or the facility that employed the babysitter.

Social Services Investigation and Proceeding. The State social services department may also be involved in a matter in which a babysitter caused harm to a child. If the babysitter was a family member or brought into the home by a family member, the State social services department may conduct an investigation to evaluate the care provided to the child, persons responsible including but not limited to the babysitter, and the safety and care status of the child. The State social services may require that the child be cared for in another home or foster home pending the investigation.

Civil Case. The family or guardian of the injured child can pursue a civil case against the babysitter, the babysitter's employer or babysitter placement service, school, day care center, and / or others involved with the incident. There may also be a civil case against the others who may have allowed the babysitter to injure the child when there was an opportunity to stop or prevent the babysitter from harming the child.

In Amityville, New York, a recent tragedy was reported in which a child suffered injuries as a result of an assault from a babysitter. It was reported that the babysitter punched the child in the abdomen / stomach area when the child refused to take a nap. The babysitter was charged with second degree murder. You can read more about this story at Babysitter in New York Charged with Second Degree Murder. The death of this 4 year old was certainly a tragedy for the family, neighborhood, and the community.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know -has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

What Conduct by a Coach Goes Over The Line? Corporal Punishment in Youth Sports

Mon, 14 Jan 2013 06:00:00 -0500

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In California and other States, parents enroll their children in athletic and youth sports programs. Most volunteers and coaches truly have the best interest of the children in mind when coaching, teaching, and mentoring the children enrolled in the sports program. Children enrolled in youth sports programs often learn valuable life and social lessons in team work, problem solving, strategy, and sportsmanship. Unfortunately, some coaches (especially ones in competitive athletic programs) go "over the line" when attempting to build winning teams.

In some instances, there is an issue or close call as to what acts or actions "go over the line". At other times, the abuse, neglect, hazing, or humiliation is quite clear. Just because a volunteer or coach has the ability or track record of building champions does not mean that that the coach should be given free reign to harm physically and / or emotionally a child enrolled in the sports program.

Most organized sports programs have guidelines that should be followed as to practice schedules, team management, and codes of conduct. In addition, basic common sense and good judgment should be part of decisions made by coaches and volunteers working in a youth sports program.

In Sacramento, California, a coach / operator of a preparatory basketball sports youth program was recently arrested for allegations related to child abuse. It was reported that four student players were restrained during practice sessions. Furthermore, some students / players were punished by clipping clothespins on the chest of the students / players. Enrollment in the basketball program came at a price of $10,000 (tuition) and $5,000 (boarding). The specific criminal charges that the administrator - Francis Amiteye Ngissah - could face include false imprisonment, battery, and cruel corporal punishment. For more information regarding this story - See Administrator of Preparatory Basketball Program Arrested in Sacramento California.