Building-Blocks-A-and-D-Day-Care-Center-Injuires-150x150Parents rely on others to provide child care during the work day, nights, and vacations as needed. Most child care providers do an excellent job in supervising the children in a safe and nurturing environment.  There are some child care providers who lack the patience, training, and common sense to provide quality care.  Parents should carefully choose the child care providers.  However, in some instances, parents have limited resources and choices and go with what is available, close, or convenient.  When a child care provider is negligent or careless, a case or claim can be brought against the child care provider.

As a Child Injury Lawyer, there are many factors to consider when evaluating a potential case against a child care provider for injuries to the child.  One important practical factor involves the available liability insurance and resources in place to compensate the injured child.  For instance, let’s day that a child is cared for in a family day care setting with three other children.   The day care center is not licensed and does not carry any liability insurance.  The owner of the day care center essentially lives “paycheck-to-paycheck” and has no assets to speak of.  While a 5 year old was under the care of the facility, he wandered into a closet with some chemicals and cleaners.  He mistakenly knocked over one of the bottles and suffered some rather serious burns to his hands.  Once the day care center found the child, 911 was called and the child was transported to a local emergency room.
Would this be a case of negligence that could be pursued against the owner of the day care center?  The answer to this excellent question is both “Yes” and “No”.  Well, that is a confusing answer.  There certainly would be a “legal” case to pursue against the day care center owner.   The four essential elements of a day care center case could be established:  Duty, Breach of Duty, Causation, and Damages.  The chemicals and cleaners should have been locked up and kept out of the reach of the 5 year old child.  The day care center owner breached the duty to provide a safe environment for the child.  As a result of the breach of duty, the child was injured and suffered damages.  As such, it appears that the four elements of a “legal” case could be established; however, the case would most likely be hampered by the fact that the day care center owner has not assets or money to pay for a settlement or judgment associated with the personal injuries.  As such, from a “practical” standpoint, the case probably would not be pursued by most personal injury attorneys who should perform a “legal” and “practical” evaluation of the potential case.

Toy-Graphics-from-Free-Pik-copy-150x150In the State of Florida, the Department of Children and Families licenses, inspects, and otherwise regulates day care centers and child care facilities.   Inspections, training, staff to child ratios, and other aspects of the facility and child care operation must comfort with the applicable Florida laws and regulations related to child care centers or day care centers.  As a Florida Child Injury Lawyer, I am periodically asked what regulations apply to baby sitting or child care services provided at gyms and fitness centers.  Under Florida law and in particular Section 402.302 (2) – Definition – Child Care Facilities, a “child care facility” is defined as center or arrangement to provide care for more than five children in which the facility or center receives a fee or grant for payment for providing child care.
While one may think that any commercial establishment that provides care or supervision of children should be subject to regulations, licensure, and child care training and courses.  Unfortunately, gyms, fitness centers, and similar facilities that provide some form of child care or babysitting do not qualify as “child care centers” and as such do not require licensure, regulation, or oversight.  It is a bit frightening to conceptualize that babysitting and child care centers in gyms and fitness centers are not subject to the same rules as day care centers and child care centers that receive payment for these particular services.
Since licensure for a day care center is not required for child care as part of a gym or fitness facility, does this mean that the gym or fitness center avoids liability or responsibility when there is an injury to a child?  The answer to this question is “Absolutely Not.”  A gym or fitness center can be help liable if the gym or fitness center is determined to be negligent in fulfilling it duties sand responsibilities to provide a reasonably safe environment for children under the care of the business establishment.  To prove up a case, there must be evidence as to four elements of the case:

https://www.floridachildinjurylawyer.com/files/2017/07/Red-Vehicle.001-150x150.jpegIn the State of Florida, it is a crime to leave a child unattended in a vehicle that is turned off.  Pursuant to Section 316.6135, Florida Statutes, it is a misdemeanor to leave a child unattended in a vehicle for more than 15 minutes.  It is a felony if the child suffers significant bodily harm, permanent injury, or disfigurement as a result of being left unattended in the vehicle.  It is also a misdemeanor leaving a child unattended in a vehicle that is still running if the health of the child is put at risk OR the child appears to be in distress. 

The statute as it currently reads is a bit troublesome in that a child can suffer serious personal injuries or even death by being left in a hot car or day care center van in less than 15 minutes.  Some lawmakers in the State of Florida are pushing for changes to this legislation / Florida law to better protect children and to serve as a reminder to parents, guardians, caregivers, and day care centers to stop putting children at risk by leaving children in a vehicle.  

David Wolf – Personal Injury Attorney – is based in Jacksonville, Florida and handles child injury, automobile accident, day care center, and related cases throughout the State of Florida.  He is the author of 11 books including the book titled The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know and the book titled Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents. You can get these books for free by visiting the Personal Injury Book Section of the Wood, Atter & Wolf, P.A. Law Firm Website. 

Drowning-Prevention-Tips-150x150In the summer throughout the United States, there is a common risk in just about every neighborhood – the risk of drowning.  It is important that all child care providers including babysitters, day care centers, child care centers, schools, and summer camps have a plan in place for the proper supervision of children any time that there is a swimming pool accessible to the child and anytime that there are aquatic or boating related activities.

David Wolf is a personal injury attorney based in Jacksonville, Florida who handles child injury cases throughout the State of Florida.  David Wolf is an attorney, author, and advocate for the safety of children.  It is important that the safety of a child be a top of the mind priority for a child care provider any time a child is near a swimming pool or some how may gain access to a swimming pool.  David Wolf is the author of 11 books including the book titled – The ABCs of Child Injury – Legal Rights of the Injured Child. This book covers a variety of topics including the following:  Swimming Pools, Water Parks and Other Bodies of Water, Sports and Recreational Injuries, Automobile Accidents, Playground Injuries, and other topics.  You can get this book for free at The ABCs of Child Injury.

Drowning is more common than we would like to admit, in fact, for children between the ages of one and fourteen it is the second leading cause of death. Because of the increased risk these children face, it is important for parents, neighbors, friends, relatives, schools, summer camps, day care centers and all others in charge of supervising a child in or near a swimming pool or other water way to keep the certain tips and concepts in mind.

Swimming-Pool-Drowning-150x150In the State of Florida, warm weather allows for swimming and water related activities during most of the year. Of course, summer time is the most popular and populated swim period.  With hot weather in the summer, swimming can be a great way for children to play, relax, and have fun.  However, swimming related activities and locations can also be the site of a tragedy when a child dies as a result of a drowning.  Children are naturally curious. Furthermore, young children especially toddlers have very poor safety awareness.  Because of this, it is important that small children are properly supervised at all times and that swimming pools have proper barriers to the protection of toddlers and young children.
David Wolf, a partner with the law firm of Wood, Atter, & Wolf, P.A. is a child injury attorney based in Jacksonville, Florida who handles cases throughout the State of Florida. He is the author of 11 books including the book titled The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know.  The book covers a number of topics including Homeowner’s Insurance, Swimming Pools, Water Parks, and Other Bodies of Water, Sports and Recreational Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.
It is reported that drowning deaths among all age groups is the sixth leading cause of unintentional deaths.  For children 14 and under, drowning is reported as the second leading cause of unintentional deaths.  Despite the known dangers of swimming pools for children, there are still a number of deaths reported over the summer and other times of years of a small child wandering into a pool area and drowning.

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The tragedy of a child being injured or killed is one that cannot be overlooked and impacts communities on a large scale. All around the country, especially in major cities, there are many busy roads filled with pedestrians, including children, and vehicles being driven by distracted drivers. Adult pedestrians and children alike often need to cross the street in order to arrive at their desired destination, and while many use the nearest crosswalk, sometimes circumstances arise (either because there is not one present or it is far out of the way for the pedestrian, to name a couple) which result in the individual crossing the street where there is not a designated crosswalk. This can also be the case, if not more so the case, in smaller cities or residential areas where children are present. This is common because children may feel more comfortable or safer crossing the street without a crosswalk in their own neighborhood, whether it is because of lack of traffic or simply just level of comfort around their residence. When a pedestrian is injured in a crosswalk or in another part of the street due to the negligence or inattention of a driver, there is a ripple effect through the family, neighborhood, and the community. Certainly, crosswalks serve a purpose in delineating the area, warning motorists, and providing a seemingly safe passage across the street; however, the fact remains that all drivers should be watchful of pedestrians especially those who are children and often lack safety awareness and at times common sense.

Based in Jacksonville, Florida, David Wolf, a partner with the law firm of Wood, Atter & Wolf, P.A., is a child injury attorney who handles automobile accidents, bicycle accidents, trucking accidents, and, yes, pedestrian accidents throughout the State of Florida. The pursuit of a case will depend on a number of legal and practical factors. With over 26 years of experience, David Wolf can provide guidance, advice, and when appropriate legal representation in the aftermath of a pedestrian accident. Contact David Wolf today for a Free Consultation.

Drivers need to pay full attention to the road and their surroundings, slowing down near crosswalks and school zones as well as residential areas, undistracted. The tragedy of a child being hit by a vehicle while crossing the street will leave the family, friends, and community of the child shocked and devastated, to say the least. Just one telephone call, one text message, or one Facebook post (all of which typically have little importance) can result in serious personal injuries and even the death of a pedestrian.

Swimming-Pool-Safety-150x150During the spring and summer months, there is an increase in the number of reported drownings and near drownings throughout the United States.  For many warm weather States like California, Texas, and Florida, there are risks of drowning just about year round due to the climate and the abundance of swimming pools, water parks, canals, rivers, and other water ways. Tragically, Texas holds the distinction for being the number one State for child pool drownings.  Children can be especially at risk for drowning when there is a lack of adult supervision.  Certainly, adult supervision should be provided any time that a child is in or near a swimming pool or other accessible swimming area or water way.
While it is difficult to believe or understand, many child drownings and near drownings take place when there are a number of adults in or near the swimming pool area.  How can this happen? How can a child drown with adults just feet away from the swimming pool area?  A drowning can take place in a swimming pool when the adults in the area are otherwise occupied in the acts of talking, eating, drinking, sleeping, surfing (the internet), texting, web browsing, watching a sporting event, or simply talking on a mobile phone.  The presence of adults in or near a swimming pool area is not the same as watchful and attention adult supervision.  As such, it is important to make sure that adult supervision is in place any time that a child is in or near a swimming pool.
Certainly, if a school, summer camp, or day care center is in session and swimming is a current activity – there should be designated and trained staff members in place to watch over the children and to place safety above all other concerns and distractions.  A swimming pool or swimming area is not a good place for multi-tasking.  As such, a person should not have a mobile device in hand and in use while assigned or engaged in the act of supervising children in or near a swimming pool area.

https://www.floridachildinjurylawyer.com/files/2017/05/Day-Care-Center-Book-Graphic.001-150x150.jpegIn the State of Florida, parent rely on day care centers to properly care for and supervise their children during time periods in which there are work and personal commitments that require the use of a day care center.  It can be quite disheartening to a parent to work a full day only to pick up a child at a day care center who has been injured, battered, abused, neglected, and / or harmed.  It should be noted that a day care center is not an absolute insurer for the safety of a child.  In other words, a day care center is not automatically liable for damages every single time that a child is injured at a day care center.  In order to establish liability or responsibility on behalf of the day care center, four elements must be established to form the basis of a claim or case against the day care center as follows:

Duty;

Breach of Duty;

Fractured-Arm-150x150In Florida, working parents rely on day care centers to provide supervision and education in a supportive environment. When there are issues or problems with a day care center, parents often question whether there is a case or claim to pursue on behalf of injured child. It should be noted that there may be a legal case or claim to pursue yet the practical considerations, costs, and risks may end up deterring some parents and attorneys from formally pursuing a case.  There are four essential elements of a day care center case as follows: 1 – Duty  2 – Breach of Duty  3 – Causation  4 – Damages
Based in Jacksonville, Florida, David Wolf is a partner in the law firm of Wood, Atter & Wolf.  As a child injury attorney and advocate, David Wolf handles cases throughout the State of Florida.  He is the author of 10 books including books that focus on child injury matters.  He is the author of the book – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know and the book titled – Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents. For over 26 years, David Wolf has represented injured children and their families in the aftermath of an accident or incident causing personal injuries. Read more about the books written by David Wolf at Personal Injury Books and Resources for Clients and Prospective Clients.
In evaluating the potential elements of a case, it is important to consider the particular facts, circumstances, evidence, and law on point.  It should be noted that all four elements must be established to pursue a case on a behalf of an injured child.  From a practical standpoint, the case or claim may not be pursued if the injuries were minimal and do not require much in the way of medical intervention and treatment.  Of course, each claim or case should be evaluated on its own facts and circumstances.

Pedestrian-Triangle-Sign-150x150In Jacksonville, Florida and other cities, drivers should be on the look out for pedestrians and bicyclists especially those who are young children.  Drivers should slow down in school zones, residential areas, crosswalks, and anywhere else there may be a child pedestrian or child bicyclist.  It should be noted that Florida is a comparative fault state.  As such, the injured child and / or parents of an injured child can bring a legal action for personal injuries or wrongful death even if the child may have been partially at fault for the incident or accident.  It should also be noted that children under the age of 6 years old cannot be held to be negligent or at fault as a matter of law in the State of Florida.

A recent tragedy was reported in Jacksonville, Florida.  It was reported that a child was hit by a vehicle while attempting to cross a street with other children at the intersection of A1A and the Wonderwood Connector in Mayport – Jacksonville Florida.  It was reported by the local media that the driver continued through the intersection on a yellow light.  It was also reported that the child, who ultimately died as a result of the pedestrian – vehicle accident related personal injuries, was in the sixth grade. You can read more about this story at Boy Hit While Crossing the Street in Jacksonville, Florida (Mayport).

The wrongful death of a child has a ripple effect through the family, neighborhood, school, and community.  It is heartbreaking for the parents and extended family.  It is extremely upsetting for the school.  It can be quite a bewildering experience to have a friend / classmate sit in front of a student one day and then never to return because of a tragic pedestrian accident.