Child Injury Lawyer Blog

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In an Eleventh Circuit United States Court of Appeals decision on January 23, 2009, the Court found that three Rockdale County (Georgia) High School football coaches were entitled to qualified immunity from a lawsuit alleging due process violations. The parents of Tyler Davis filed a lawsuit on behalf of their deceased son who died the morning after a voluntary workout session for the Rockdale County High School football team. The parents alleged that Tyler’s substantive due process rights were violated when the coaches failed to provide enough water to keep Tyler hydrated, ignored signs and Tyler’s complaints of becoming dehydrated, subjected Tyler to rigorous conditioning drills at the end of a two hour practice session, and failed to attend to Tyler until after a team meeting even though he had collapsed in the middle of the drills. The parents alleged that even though the workout was voluntary, Tyler was subject to further discipline from the coaches if he failed to perform all of the exercises and activities in the workout.
The Court found that the coaches, who are deemed to be government officials, could only be held liable for due process violations if their conduct could be characterized as arbitrary or conscience-shocking in a constitutional sense. In order to be conscience-shocking, the conduct must have been intended to injure in some way unjustifiable by any government interest.
In this Georgia case, the Court held that Tyler voluntarily participated in an extracurricular activity so that no custodial relationship existed between Tyler and the school. Further, the parents did not allege that the coaches engaged in corporal punishment or physically touched Tyler. While the facts alleged that the coaches were deliberately indifferent to the safety risks posed by their conduct, this deliberate indifference, without more, did not rise to the conscience-shocking level required for a constitutional violation according to the Court ruling Therefore, Tyler’s parents’ claims were limited to a recovery under tort law for wrongful death. Davis v. Carter, No. 08-10162 (11th Cir. 2009).

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Dallas, Texas, 14 people ranging from newborns to adults were admitted to a local hospital for carbon monoxide poisoning. It is believed that a faulty space heater was the cause of the carbon monoxide poisoning. All injury victims from the Dallas, Texas home appeared to be conscious when exiting the home.

A faulty space heater is believed to be responsible for causing the leak. CBS 11 News crews reported smelling a thick odor in the air, but carbon monoxide is an odorless gas. It is possible that several things contributed to the leak.

Dallas Fire Rescue officials estimate that approximatley 150 people died in Texas between the years of 1994 and 2004. It is estimated that 500 people die annually from carbon monoxide poisoning.

Safety advocates recommend that people install carbon monoxide detectors in their homes. The devices cost approximately $20 and can help detect the presence of excessive amounts of carbon monoxide which is odorless. You can read more about this article at Dallas Texas Carbon Monoxide Leak Leads to 14 People Going to the Hospital.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.5, Safety of the New York Codes, Rules and Regulations (NYCRR), child care centers must have railings from the floor or ground to prevent children from falling off of porches, stairs, and decks. In addition, child care centers must provide and maintain barriers to keep children out of and away from unsafe and dangerous area. In particular, a child care center must have barriers in place in areas where there is a swimming pool, drainage ditch, well, hole, wood / coal burning stove, fireplace, and gas heater.

New York day care centers have a duty and responsibility to follow these regulations not only to comply with the laws but also to keep children safe. Properly installed and maintained railings and barriers can help prevent or reduce the number of child injuries from falls, dangerous conditions, and drownings.

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

Although statistics reflect that the percentage of uninsured motorists has decreased in Wisconsin and nationally in the past few years, there is a concern that recent economic problems may result in a rise in the number of uninsured motorists. In a recent study conducted and released by the Insurance Research Council (IRC), it estimated that nationally in 2007 approximately 13.8 % of motorists were uninsured. The study provided data, by state, as to the percentage of uninsured motorists, with the highest being New Mexico and Mississippi, at 29% and 28%, respectively, and the lowest being Massachusetts and Maine, at 1% and 4%, respectively. Wisconsin's estimated percentage of uninsured motorists in 2007 was 15%, ranking it in the highest third of uninsured motorists in the nation. The study found a strong correlation between the percent of uninsured motorists and the unemployment rate. To view the News Release, dated January 21, 2009, by the IRC, go to Study and Statistics as to Uninsured Motorists.

As problems with the economy continue and as more jobs are lost, it is expected that the percentage of uninsured motorists will increase from 13.8% in 2007 to 16.1% in 2010. Wisconsin mandates that auto insurance policies written in the state include uninsured motorist coverage, to protect injured victims of vehicle collisions with insurance coverage for their medical expenses and damages, however, it is clear that without mandatory vehicle insurance, responsible citizens who purchase auto insurance coverage will continue to pay for injuries caused by citizens who fail to purchase insurance on their vehicles.

By Stephanie Brown and David Wolf, Attorney Published by Child Injury Lawyer Network Although it has been in effect since July 1, 2004, many parents are still unaware or unsure of what the requirements are of Georgia’s child passenger safety law, O.C.G.A. §40-8-76.1. The law applies to adults and children. With regard to children, however, the law imposes more stringent requirements. Georgia children between the ages of 6 and 17 years old must be seat belted in all positions in the car, front seat or back seat. Georgia children under the age of 6 must be in a car seat or booster seat that is appropriate for their height and weight and used according to the manufacturer’s instructions. Moreover, children under the age of 6 must sit in the back seat of a motor vehicle. If a child under the age of 6 is over 4’9” in height, he or she may be seat belted in the back seat of the car without a booster seat. The purpose of these laws is to mandate the use of safety belts, car seats, and boosters for children. This will, in many accidents, help reduce personal injuries or help reduce the severity of personal injuries to children in the future. The Georgia Governor’s Office of Highway Safety offers child seat inspections at a number of locations. For more information on child seat inspection location, go to Georgia Governor's Office of Highway Safety Child Seat Inspections. For more information on the seat belt and child seat laws go to Official Website for the Georgia Highway Safety.

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

New York day care and child care centers are regulated by the New York Office of Children and Family Services. Licensing requirements and regulations depend on the type and size of the child care center. Some are in residences. Others are not. Some are affiliated with religious institutions. Some are exempt from licensing requirements. Since the regulations and various types of day care centers vary, it is helpful to know the categories and types of day care centers in New York. The Office of Children and Family Services has a helpful guide that outlines the types of day care and child care centers in New York. The categories are as follows:

Day Care Centers. Day Care Centers provide care and supervision for more than 6 children but not in a private home / residence.

Small Day Care Centers. Small Day Care Centers are Day Care Centers that provide care and supervision for as many as six children but not in a private home or residence.

Family Day Care Homes. Family Day Care Homes provide care and supervision for three to six children at any one time in a home / residence.

Group Family Day Care Homes. Group Family Day Care Homes provide care and supervision for seven to twelve children at any one time in a home / residence.

School-Age Child Care Programs. School-Age Child Care Programs provide care and supervision for more than six children ranging from kindergarten students to 12 year olds. Care and supervision are provided during non-school hours and vacaction periods as well as holidays.

Nursery Schools. Nursery Schools provide care and supervision for children for three hours of less per day.

Pre-Kindergarten Program. Pre-Kindergarten Programs are typically located in public schools. They are also in private schools and day care centers as well.

Head Start Centers. Head Start Centers are programs for preschool-age children from low income families.

Legally Exempt Child Care Centers - Legally Exempt Child Care Centers provide care and supervision for one or two children at a time (in addition to to caregiver's children) in or outside of the caregiver's home / residence.

It is important to identify and evaluate the type of program, licensing history, inspection history, and facility before enrolling a child in any New York day care center / child care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Chuck E Cheese is a popular place for kid birthday parties and for pizza. The pizza is not the greatest of quality but edible nonetheless. Chuck E Cheese caters to children with arcade games, music, and an inside play area. Children and parents receive hand stamps upon entry as a measure to deter the abduction of children from the site. Some children misbehave at Chuck E Cheese. In some instances, it is the adults who misbehave. In Manheim Township / Fruitville Pike Pennsylvania, it was reported that two man got into a fight over an arcade game that resulted in medical care and hospitalization. There have been other reported incidents at Chuck E Cheese in Pennsylvania and other States.

Due to the number of guests and children at Chuck E Cheese, it is important for the staff and management to properly supervise all areas of the result to make sure that it is a safe environment for children. Guests who display aggressive behavior or who otherwise may pose a danger to others should be asked to leave the restaurant.

Parents and adults at Chuck E Cheese should remember that children are in every part of the restaurant. Make a good example for children rather than putting them in danger by fighting or showing other aggressive behavior.

You can read more about this story at Two Men Fight at Chuck E Cheese in Pennsylvania.

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

The good news is that in Milwaukee, Wisconsin fire deaths have dropped this past year in comparison with years past. An article reported in the Milwaukee Wisconsin Journal Sentinel reported on the improved statistics as to fires in Milwaukee, Wisconsin at City of Milwaukee Fire Deaths Dropped in the Year 2008.

The bad news is that fires continue, with often tragic results, especially as it relates to children personal injuries and death. Although lawsuits and legislation over the years have lead to changes in the lighter industry, it is still an all too common story when fires are started by children playing with lighters. Within the past week or so there has been yet another fire involving a child playing with a lighter in southern Wisconsin, this time luckily not resulting in a death, however, the dangers are still there and often times result in serious injuries including catastrophic burn injuries and deaths.

Parents and care givers must be even more careful these days due to the proliferation of novelty cigarette lighters shaped like toys, cartoon figures and other items attractive to children. According to the U.S. Consumer Product Safety Commission, children under the age of 5 cause more than 5,000 residential fires resulting in approximately 150 deaths and more than 1,000 injuries every year.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A California appeals court approved the expulsion of two students from a California religiously based high school for an alleged lesbian relationship. California Lutheran High School expelled the students after discovering some postings on My Space that indicated that the students were gay or had thoughts of being gay. After being expelled by the school, the students hired a lawyer and filed a lawsuit for discrimination. The trial court dismissed the case and reasoned that the school is not bound by the same discrimination laws as a private business or public school. The appellate court agreed. You can read more about this story at Court OKs Expulsion Based on Sexual Orientation.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A medical / environmental study has reported that children in Washington D.C. were exposed to high levels of lead during a water crisis involving the city water system. Apparently, there was a high level of lead in the city's tap water which began in 2001. It is estimated that 42,000 Washington D.C. children, who now range from the age of 4 to 9, might be at risk for health and behavioral problems associated with high lead exposure. Lead levels began rising in 2001 and were not corrected or improved upon until the issue was publicized by the Washington Post in 2004.

Signs or problems associated with high lead exposure include aggressiveness and difficulty concentrating in school. High lead exposure can also lead or cause a decrease in IQ. Parents are advised to closely monitor their children and have the children evaluated by their doctor, psychologists, guidance counselors, and or other specialists as needed.

You can read more about this story and the details of the city water for Washington, D.C. past and present at High Levels of Lead Found in Washington D.C. Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Lindwood Jones, Jr. and Shawntay D. Jones have been arrested and charged with their daughter's death in Suffolk, Virgina. WAVY-TV 10 reported that the parents were charged for first degree murder. Zanya K. Jones died on December 1. Zanya was less than a year old. The medical examiner conducted an autopsy and determined that Zanya died from dehydration and malnutrition. Other children were removed from the home which was unsanitary.

Parents have a duty to provide for the safety, welfare and well being of their children. In this case, having a child die from dehydration and malnutrition is unacceptable and also criminal. Of course, the parents will have the right to a defense on this criminal case and may be able to retain experts to study and comment on the medical records. Due to the living conditions found by investigators, it does not appear that the parents were providing a good living environment for their children. The criminal defense attorney / public defender will have a steep challenge in defending the parents on this case. You can read more about this story at Suffolk Virginia Parents Charged with Murder of 11 Month Year Old Child.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

Investigators which included pediatric experts conducted an extensive study into the cause of injuries in Atlanta day care centers. While the study was conducted in 1988, its findings are still pertinent today in that the hazardous or dangerous areas in day care centers identified still persist today. These hazardous or dangerous areas that caused injuries to children in Atlanta Georgia day care centers including the following:

*Rock, concrete, stone or stump located in the fall zone on ground or in playground;
*sharp protrusion leading to lacerations, cuts and other injuries;
*blunt protrusions on playground equipment;
*trill and fall hazards;
*loose and broken parts to playground equipment;
*hard swing sets
*trip over hazards; and
*inadequate clearance leading to head injuries and other injuries.

Statistically the study found that 47 % of the injuries that took place at day care centers took place on the playground. This statistic should motivate day care centers in Atlanta Georgia and the rest of the nation to carefully plan, supervise, monitor, and maintain the playground area of the day care center. Better planning, maintenance, and supervision can help reduce the incidence and severity of child injuries at day care center playground areas. You can read the study of Atlanta day care centers at Playground Hazards in Atlanta Day Care Centers.

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

A Wisconsin cheerleader, Brittany Noffke, was a student at Holmen High School near La Crosse, Wisconsin. While practicing certain moves and students before a basketball game, Brittany suffered a head injury. The stunt required Brittany to stand on another cheerleader's shoulders and then required another student to catch her or spot her while performing the spot. Brittany fell backward but the student standing behind her did not catch her. As a result, Brittany fell to the ground and suffered head injuries. In Wisconsin, these type of cases require a Plaintiff / injury victim to prove recklessness in order to recover compensation for injuries. This can be a tough standard to prove. Fortunately, these onerous legal standard does not apply to all other States. A negligence standard would be a more reasonable standard to follow in Wisconsin and other States.

The Wisconsin Supreme Court ruled that a cheerleader (Brittany Nofke) could not bring an action for injuries against another student or the school district for injuries that she sustained as a result of a fall. The Wisconsin Supreme Court ruled that cheerleading is a contact sport. The Court also ruled that the stunt in question which involved the cheerleader falling from a height and being caught by another student did not create a "compelling danger" to students. In this case, the other student failed to catch the cheerleader and she suffered head injuries when her head struck the ground.

The American Association of Cheerleading Coaches and Administrators estimate that approximately four million people are involved with cheerleading activities and events.

You can read more about this story at Former Wisconsin Cheerleader Loses Case Against School District and Another Student.

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

In another sad example of how the Bureau of Milwaukee Child Welfare has failed to protect the most vulnerable children of Milwaukee, Wisconsin, a 29-year--old mother of five has now been charged with Child Neglect Causing Death, more than two years after she allegedly allowed her 7-month-old daughter to starve to death. Citing "issues in completing and acquiring medical examiner's and other doctors' reports," the Milwaukee County District Attorney's Office has charged the mother, however, the father has not been charged. According to the Milwaukee, Wisconsin criminal complaint, local police found no baby food in the house other than an empty can of infant formula, but the parents spent as much as $500 per month on gambling. The parents allegedly spent the day after the child's death at a local casino. The mother received state assistance, food stamps and SSI benefits. Although a 9-year-old sibling was being monitored under a court order, and child welfare caseworkers and a therapist made visits to the family's alleged "filthy, roach-infested home" to check on the older child, it does not appear as though they were aware of the issues and services which were to be provided to the younger child. The deceased child, Layunnia Lewis, was born 14 weeks premature and suffering from herpes, weighing 4 3/4 pounds, and weighed only 5 1/2 pounds when she died at 7 months of age. An independent review panel report noted that "for some portion of time that the safety services case was open [for the younger child], neither the ongoing worker [for the older child] nor the safety service worker knew of their co-worker's involvement with the family."

To see the full text of the article, go to the Milwaukee, Wisconsin Journal Sentinel article at Mother Charges in Starvation Death of 7 Month Old.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ohio child day care centers, children suffer personal injuries every day while participating in outdoor / playground play or indoor play. Many of these child injuries could be prevented with better and more diligent supervision by child care workers and with better and more timely maintenance of playground equipment and toys. In some instances, the playground equipment or toy is inappropriate for the child's age group, size, and maturity. For instance, raised platforms with no protective railings or sides would be inappropriate for infants and toddler who have poor balance and safety awareness. Toys with small removable parts or broken toys would also be inappropriate for this age group.

Pursuant to Chapter 5104 - Child Day Care - Section 5104.011 (B) (2), Ohio child day care centers must provide on site a safe outdoor place space that is enclosed by a fence or otherwise has as barrier in place to protect children from traffic and other hazards like waterways and electrical equipment. The space shall be not less than 60 square feet per child using the space at any one time. There are some exceptions to this law if there is an indoor play area, an accessible park regularly available and used for outdoor play, and close supervision. Whether the outdoor play area / playground is on site or off site, Ohio child day care centers must ensure that the play area, playground equipment, and toys are safe for the children and there is close supervision.

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Missouri day care / child care caregivers in the State of Missouri. According to 19 Code of State Regulations 30.60.070, Responsibilities of Caregivers, the following responsibilities apply to caregivers:

1. A caregiver is responsible for admitting the child upon arrival to the child care facility and shall personally dismiss each child to a parent, guardian, legal custodian, or other person authorized by the parent, guardian, or legal custodian;

2. During napping time, a caregiver shall remain in the room with infants, pre-school and school age children and shall be in a position to both see and hear the children if they are having any problems napping and when they awake; and

3. Caregivers should be aware of the various needs of the children such as the basic needs of hunger, thirst, diaper changes, aggression, and the basic need for attention.

The above requirements are basic in nature and should be followed with or without formal rules in place. In caring for children, the caregivers have a duty to provide adequate and appropriate care and supervision of the children. A caregiver should act in the best interests of the child and provide for a safe clean day care / child care environment. You can read the Responsibilities of Caregivers and other Missouri Code of State Regulations at Missouri Day Care / Child Care Laws and Regulations.

You can read the full text of important day care / child care regulations at the Missouri Code of State Regulations - Day Care / Child Care Facilities.

By Thomas J. Duff, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, Allen and Nichole Hansen, are mourning the deaths of four of their children who recently died in a house fire. Abigal Ziel (age 14), Megan Hansen (age 7), Tyler Hansen (age 8), and Haylee Hansen (age 3) all died in the fire in the Town of Greeley, Iowa. Their older teenage brother and another family escaped the fire.

Fire investigators are working to determine the cause of the fire that has left an emotional cloud over this community. It has been a tragic chapter in the history of this Iowa town. It also has been a time of bonding and good will for the Town of Greeley.

Even though we live in quite modern times with the advent of the Internet, Mobile Phone, and many great advances, towns like Greeley and big cities still must deal with serious injuries and death caused by fire and smoke inhalation. You can read more about this story at Iowa Mourners Remember Four Children Who Died in a House Fire.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The United States Centers for Disease Control and Prevention (Washington D.C.) reports that half of the victims of salmonella poisoning from peanut butter have been children. So far, there have been approximately 500 reported incidents of salmonella poisoning linked to peanut butter across the United States.

The salmonella outbreak has been linked to peanut butter and other products from a plant located in Georgia which operated by the Peanut Corporation of America.

You can read more about this story at CDC - Half of Salmonella Cases Are Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Brandon Tucker was just 4 years old when he was seriously injured while on the Roger Rabbit Car Toon Spin ride while a guest at Disneyland in California. Brandon suffered brain injuries, internal injuries, and cardiac arrest. Brandon fell from the ride and then was dragged underneath the car for several minutes. Brandon never recovered from the injuries and faced a lifetime of medical care and problems from this tragic accident. Disneyland never admitted fault for the incident but did settle the case with the family 17 months after the incident. In 2009, Brandon died at his home when he was found unresponsive by his father. Brandon was 13 years old at the time of his death. You can read more about this story at Boy Dies After Years of Brain Damage and Related Injuries from Disneyland Ride.

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In a bill introduced in the Georgia State Senate on January 15, 2009, the failure to wear a seatbelt would be considered as evidence against a plaintiff in a lawsuit arising out of an automobile accident. Under this bill, the failure of a plaintiff to wear a seatbelt in violation of Georgia’s seat belt law could be considered as evidence of the plaintiff’s own negligence or contributory negligence. Such a bill will give the at fault driver a chance to point the finger back at the plaintiff, saying to the plaintiff “Yes, I might be at fault but so were you in not wearing a seat belt.” In Georgia, the injured victim could be an innocent child passenger who failed to fasten his or her seatbelt and suffered injuries in a car accident through no fault of his or her own.

To offer comments on this bill to state representatives, Georgia citizens can locate their representatives at the Vote Smart web site.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Denver, Colorado, a mother, Danelle Daunchet, was arrested for child abuse for her nightly method of supervising and restraining her 10 year old daughter. Apparently, every night, Ms. Daunchet would zip tie her daughter's hands and have her sleep on her back. Each morning, Ms. Daunchet would release her daughter by cutting off the zip ties. The Department of Human Services took the girl into custody. The story reports that the child was restrained to keep her from "stealing" food at night. How can a child "steal food" from her own home? From her own mother? This is a very strange story and an improper way to parent and supervise a child. You can read more about this story at Denver Mother Arrested for Restraining Daughter at Night.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other States, children in child care / day care suffer personal injuries on playgrounds and outside areas. Some personal injuries result from poor supervision or negligent inspection / maintenance of playground equipment. Some personal injuries result from a poor design or dangerous heights of playground areas. Many injuries on playgrounds in Massachusetts day care / child care centers can be avoided with diligent supervision, properly designed playground areas considering the size and age of the children, and consistent maintenance.

Pursuant to the Department of Early Education and Care - Group Child Care Licensing Regulation P-GCC/SA-32, playgrounds must have impact absorbing ground surfaces in order to provide a safety barrier for child playing on playgrounds. This especially applies for playgrounds with any elevated surfaces and play equipment. Under this regulation, the Department has a chart as to the amount of compressed or uncompressed wood mulch, sand, wood chips, and other surfaces that must be used as ground cover for playgrounds. The purpose of this regulation is to prevent injuries or reduce the severity of injuries sustained by children on playground areas in Massachusetts child care / day care centers.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts, each child care licensee (owner / operator) must maintain records of training opportunities provided to or available for staff members. Training is vital for all child care providers so that each child is provided with a safe day care environment. The State of Massachusetts Department of Early Childhood Education pursuant to Regulation P-GCC/SA-18 - Staff Training is to required to maintain documentation for such training for inspection and review by the Department of Early Childhood Education. The documentation must include the date, time, and duration of the training. In addition, the documentation must include the topic presented, the name of the trainer, presenter, or speaker, and the names of all staff members who attended the training.

Day care and child care centers in Massachusetts have a duty to train and supervise its employees. In many instances, children are seriously injured due to inadequate supervision by a child care provider who lacked the training and experience to provide for the safety and well being of children. Day care and child care centers should put a priority on training of child care providers.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

Before selecting a day care center for your child in Georgia and other States, it makes sense to do some research into the facility. Visit the facility and ask a lot of questions. Visit more than once if you like. See if you can speak to other parents with children in the program. Another great resource of information is the State of Georgia Office Website for the Department of Human Resources where you can access a database called the Facility Location and Information Guide. Search by city, county, name of facility, and other factors. It is important information to have and review.

If your child has been injured in a day care facility in Georgia or other States, it is also important ask a lot of questions to determine how your child was injured and if the injuries could have been avoided with better supervision and care at the day care center. You can also speak to a child injury lawyer for further guidance when dealing with the issues of medical bills, medical treatment, legal rights and responsibilities, and other issues involving an injury to a child in a day care center.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents and homeowners in Georgia need to be cautious about serving alcohol at parties where minors may be in attendance. Under Georgia’s “Dram Shop” law, parents can be held liable for injuries caused by an underaged drinker who later causes an automobile accident. If the parent served the alcohol to the minor who the parent knew would soon be driving a car and the minor’s driving while intoxicated caused injury to a third person, the parent can be held liable for those injuries. If the drunk minor sustains injuries, however, the parent who provided the alcohol cannot be held liable for those injuries. Furthermore, if the drunk minor is killed in the car accident, his parents cannot recover for the wrongful death of their child against the adult who provided the alcohol. Howell v. Marks, 269 Ga. App. 147 (2004).

The laws and circumstances can be quite confusing depending on the facts of each case. As such, it makes sense to consult with a Child Injury Lawyer whenever a child is injured and alcohol has any involvement whatsoever with the injuries or death.

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

In the State of New York, day care and child care centers are regulated by the New York State Office of Children and Family Services. In considering a day care center placement for your child or considering a change in placement, it is important for parents and caregivers to research the facility and find out the size, capacity, staff, license history and other facts available at the Office of Children and Family Services Official Web Site. The Day Care Facility Search Page is a great resource for parents and caregivers looking to find out information on day care centers throughout the State of New York. Parents and caregivers should play an active and ongoing role in the selection and retention of a day care center.

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

Police in Brunswick (Glynn County) Georgia charged Bryon Patrick Nail, age 28, with murder for the death of his girlfriend's 2 child old child. The child suffered head injuries while under the care of Mr. Nail. The toddler was later pronounced dead at Memorial Health University Medical Center in Savannah, Georgia. Investigation into this untimely and suspicious death of the 2 year old will continue including further review of autopsy and toxicology studies.

Head injuries involving infants and toddlers should be thoroughly investigated. In some cases, the distinctions between intentional and abusive injuries from accidental injuries / medical conditions are quite clear.

You can read more about this story at Georgia Man Arrested in Death of 2 Year Old In Brunswick, Georgia.

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

Christopher Michael Nicklis, a former teacher from Harrison High School, has admitted that he gave a 15 year old student a mobile phone. After giving the girl the phone, he began sending the teenager sexually explicit messages and naked photos of himself to the student. The story unfolded when the student's mother found the mobile phone and then reported the gift of the phone to school officials. Nicklis later resigned and stated, "I am an idiot." Mr. Nicklis showed poor judgment and was preying on a 15 year old girl with most inappropriate and illegal acts. You can read more about this story at Cobb County Georgia Teacher Admits to Sending Naked Photos to Student.

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

Only in New York can you be sitting in your office, looking out of the 35th floor window and see a jet airliner landing in the icy water below. That happened in New York recently when an airplane, headed for North Carolina hit a flock of birds, damaging both engines and yet landed safely in the Hudson River next to New York City on January 15, 2009. On board were 155 passengers, including children and a little baby. It was called a miracle that the pilot, who had many years of experience, was able to make the split second decision to land the plane in the water and no one got seriously hurt. Some people took charge inside of the plane, few panicked, and in the end, all most ended up standing on the wings on the plane, or close by in the water, waiting to be saved. This truly was a disaster in the making, but the cool heads of the pilot and crew in the air and many passengers on the ground (in the water) made this a happy ending. Serious injuries were avoided because the passengers listened to the safety instructions and prepared for the bumpy landing. In fact, the baby was held, at the time of the accident, by the person in the next seat, because the mother was afraid to do so and the father of the baby was several rows back. The baby was safe—and ready for the next flight! You can read about this story at Miracle on the Hudson.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 20 year man with a painted face, bulletproof vest, and an 8 inch knife entered the "Fabeltjesland" — Fairytale Land - Day Care Center in Brussels, Belgium. Upon entry into the facility, the suspect currently identified as "Kim D." started stabbing and slashing at the children and day care workers. The suspect murdered a 9 month old, a 6 month old, and a day care worker.

This violent crime has been a real shock to the families, school, community and Belgium as a whole. The story made international news. Apparently, the suspect had the address of other day care centers in his possession. It is unknown what motivated the suspect to commit these heinous crimes. Hopefully, justice will prevail on this matter. You can read more about this tragic story at Man Charged in Joke Day Care Killings.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kentucky and other States, high school football is a taken very serious by school officials, parents, students, and the community. On August 20, 2008 - during the sweltering heat of summer, Max Gilpin, age 15 collapsed on the football field from heat exposure / heat stroke. Tragically, Max died 3 days later. His high school football coach, David Jason Stinson, has been charged with reckless homicide. While there have been many reported heat exposure / heat stroke deaths, it is uncertain if any other cases have resulted in the criminal prosecution of the coach who directed and required practice under these conditions. Did Coach Stinson's conduct amount to a conscious or reckless indifference to the health, safety, and welfare of the players? What was the temperature that day? What was the length of practice? How many water breaks were provided? What amount of fluids did Max consume prior to and during practice?

Regardless of the outcome of this criminal prosecution, the Max Gilpin case shows the dangers of football practice in the heat of the summer for teenagers college students, and others. It is well known that a lot of hard work, practice, and conditioning go into a high school football team. It is also well known that heat stroke and heat over exposure can and does happen.

You can read more about this story and some comments by the coach at Kentucky High School Football Coach Indicted for Player's Death.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ohio child day care centers, it is vital that children receive adequate and appropriate supervision by responsible adults and caregivers. Pursuant to Ohio Revised Code Chapter 5104 - Child Day Care - Section 5104.011 (B) (3), the child care care center must have at least two adults available at the facility at all times when 7 or more children are in the center. The child day care center must make sure that no child is left alone or unsupervised at the center. The staff ratios required under the Ohio Revised Code varies from age group to age group. For instance, the staff ratio requirement for infants under 1 year old is 1 staff member for every 5 children or 2 staff members for every 12 children. For school age children from kindergarten to children under 11 years old, the staff ratio requirement is 1 staff member for every 18 children. As you can see and it makes sense, Ohio law requires more staffing for younger children especially infants and toddlers. You can read about the other staffing requirements and other regulations and rules regarding Ohio child day care centers at Chapter 5104 - Child Day Care.

It is important for Ohio child day care centers to follow Chapter 5104 - Child Day Care and related rules, regulations and standards. The purpose of these laws is to make sure that children are properly supervised in a safe and clean environment in Ohio's child day care centers. When child care centers fail to follow these laws or are otherwise inattentive to children, serious child injuries often times result. As such, it is so important for the safety and well being of Ohio children for Ohio child day care centers to follow the law and use common sense. Ohio laws prescribed the minimum standards. As such, just because the laws are being followed does not mean that the needs of the children are being met. Child care center owners need to personally inspect and evaluate their own facilities to make sure that the needs of each child is being met - not only to follow the law which is important but also to protect the child which is most important.

By Jeremy Vishno and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Connecticut, a family went snow tubing at a recreational facility. In order to use the snow tubing area, the business / recreational facility required the family to sign liability waivers which purported to release the snow tubing recreational facility from liability even if there was negligence on the part of the facility. The family went snow tubing that day and a child was injured when his foot got caught between the snow tube and a man made bank. The parents sued on behalf of the child who had a number of surgeries due to the personal injuries sustained during the snow tubing outing. The trial court threw out the case and this ruling was appealed and ultimately reached the Connecticut Supreme Court. The justices on the Supreme Court reversed the trial judge's ruling and ruled that the liability waiver was invalid and against public policy for the State of Connecticut.

Whether your child is injured in Connecticut or any other State, it makes sense to consult with an attorney as to liability or responsibility for the child's injuries when the injuries were caused by the negligence of a person or business. Florida is another State where the Supreme Court has invalidated liability releases of this nature. The rulings of the highest courts in both Connecticut and Florida make sense since the rulings favor the best interests of the child and safety over protecting a business or person from negligent action or inactions leading to personal injuries of death. You can read more about the Connecticut snow tubing ruling at Connecticut Supreme Court Strikes Down Liability Waivers as Against Public Policy.

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

Adrian Zakaluzny, age 63, was a mentor at Butts County Elementary School. A fourth grade boy from the school informed the police that Mr. Zakaluzny took the boy to Zakaluzny's home and molested the boy. Apparently, Mr. Zakaluzy volunteered at other area school and an investigation is under way to determine if there are other alleged victims of Mr. Zakaluzny. Authorities have advised parents to question their children who may have had contact with Zakaluzny in Clayton, Spalding, Butts, and Monroe county Georgia. Mr. Zakaluzny previously passed a criminal background check by one or more of the school systems. If Mr. Zakaluzny did in fact commit this crime as well as others, it appears that he volunteered to be a mentor to be closer to child victims and to gain their trust. There are many questions that arise in this matter since Mr. Zakaluzny worked in several school districts over many years:

Was a criminal check done every year for Mr. Zakaluzny?

As a foster parent, were there any complaints or investigations as to child abuse or neglect in the Zakaluzny home?

Were there any suspicious signs or incidents over the years that may have indicated that Mr. Zakaluzny was a child predator?

What kind of training or instruction was completed for mentors in the school system?

Have there been a problem with mentors in the past?

Did Mr. Zakaluzny have any children in the schools where he volunteered?

If parents have additional information regarding Adrian Zakaluzny or other mentors in the school system in Georgia, the parents should contact the police about their concerns.

You can read more about this story at the Atlanta Constitution Website at School Mentor in Georgia Accused of Molesting 4th Grade Student.

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

A peanut butter plant located in South Georiga has been linked by the U.S. Food and Drug Administration to an outbreak of salmonella that has caused illness in 486 people and the possible deaths of six others. The peanut butter was manufactured in a plan owned by the Peanut Corporation of America. The peanut butter was sold to institutions such as schools and hospitals as well as food companies that use the product as an ingredient in other products. Georgia schools and hospitals have been removing peanut butter from their menus. A complete list of recalled products can be found at the Food and Drug Administration Web Site. You can read more about the Georgia peanut butter plant at the Georgia Peanut Butter Plant Linked to Salmonella.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Commonwealth of Massachusetts regulates day care centers / child care centers through the Department of Early Education and Care, otherwise known as The EEC. The EEC licenses child care programs and enforces regulations to promote the health, safety and welfare of children in Massachusetts' child care facilities. The Massachusetts Department of Early Education and Care Official Web site contains rules, regulations, procedures, applications, and other information as a resource to parents, child care licensees, and the general public.

Child care programs, under the licensing and regulation authority of the EEC, include family child care homes, school age child care programs, child care centers, residential programs for children, adoption and foster care placement programs.

In addition to licensing, regulation, and inspection, the EEC also investigates complaints against child care centers that are filed or called in by parents, caregivers, and other interested persons. Many complaints involve serious personal injuries to children in a Massachusetts child care center. While compliance with the EEC's rules and regulations cannot prevent all incidents or injuries from taken place, compliance can certainly help reduce the number of incidents or injuries to children in child care centers in Massachusetts.

In addition to the EEC, parents and caregivers can seek the advice, counsel and representation of a Massachusetts child injury lawyer as to the rights of the injured child and the legal responsibilities of the child care center.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia and Other States, day care centers have a duty to report incidents of serious injury and death to the responsible child welfare agency. In Georgia, day care centers have a duty to report these incidents to the Department of Human Resources - Child Care Licensing Office within 24 hours. In particular, day care centers must report the following:

*any death of a child while in the care of the day care center;
*any serious illness or injury requiring hospitalization or professional medical attention beyond first aid rendered at the day care center;
*any fire (regardless of injury);
*any structural disaster within the day care center facility; and
*any incident / emergency situation that required the temporary relocation of the children.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

As part of several programs having the goal of making Georgia roads safer for children, the State of Georgia will be providing child safety seats to families in needs. In 2006, 54 children under the age of 14 died and over 11,000 were injured in motor vehicle crashes in Georgia. Thirty-three percent of fatal child occupants were not buckled up. In an effort to promote child safety on Georgia roads, the Governor’s Office of Highway Safety is providing funds to counties who provide education programs to families on motor vehicle safety. In addition, income eligible families can receive a child safety seat. For more information on this program visit the State of Georgia Website at Governor’s Office of Highway Safety or Georgia Department of Human Resources at the Atlanta Journal-Constitution at State of Georgia to Provide Child Safety Seats for Families in Need.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Ohio child day care centers are regulated in part by the Ohio Revised Code (O.R.C.) Chapter 5104 - Child Day Care. Like many day care laws throughout the nation, the Ohio child day care law can be confusing. Even the definition of a child day care center is subject to various exceptions and definitions. For instance, there is an exemption from the legal definition of child day care centers in Ohio for a child day care center is operated by a religious institution or a parent of one of the children. Whether the child day care center is regulated by all of the provision of Ohio Revised Code 5104 or not, each child day care center or facility that provides child care in any manner must provide the child with a safe and clean environment while supervising and caring for the children. For private, public, and religious facilities that provide child care, a child should not suffer injuries due to negligent supervision or poor maintenance of the facility. If a child suffers personal injuries as a result thereof, the parents can legal take action in Ohio to recover medical bills and pain and suffering due to the child injuries suffered at the facility. Since the laws can be confusing and facilities, depending on the structure and business set up, are regulated in different ways, it is often times helpful to have the assistance, guidance, counsel and representation of an Ohio child injury lawyer / attorney for these child injury matters.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Ohio has a law in place that vaguely provides what acts of corporal punishment, discipline, and restraint constitute abuse and neglect of a child. Due to the language of Ohio Revised Code (O.R.C.) Section 2919.22 - Endangering Children, a number of Ohio appellate cases have been written further defining the law in Ohio.

In Re Miles involved an Ohio mother’s fiancée who, at the mother’s direction, bit a child on his cheek. This bite resulted in heavy bruising and bite marks. The Ohio Court stated that the key issue was whether or not the act created a “substantial risk of serious physical harm to the child.” A “serious injury” being defined as: “any physical harm that involves acute pain of such duration as to result in substantial suffering, or that involves any degree of prolonged or intractable pain.” See Ohio Revised Code O.R.C. 2901.01(A)(5)(e). In reviewing the facts, the Ohio Court held that this bite did not create a substantial risk of physical harm to the child.

Two other Ohio cases hold the opposite – that the line between appropriate corporal punishment and abuse had been crossed. The Ohio Court in the case of In re K.B. found that there had been physical abuse when a two year old child had excessive bruises from physical punishment. The Ohio Court here stated there are several factors that need to be considered: “Specific factors to be considered by the trial court include the circumstances giving rise to the harm to the child, the past history of the child, the nature and manner of the discipline administered to the child and the measure of discipline.

State v. Surles is another Ohio case that finds there was physical abuse beyond what is allowed for normal corporal punishment. However, again, the facts in Surles are much more compelling than those in the present case. The parents in Surles took turns beating their children with a belt which they had intentionally moistened in order to create more pain.

In Samples v. Cruz, the Ohio found there was appropriate corporal punishment when a step-mother pulled her step-daughter’s hair several times, grabbed her hand and shook it until the daughter expressed discomfort, and grabbed and slapped her face. In spite of all of this physical action, the court found that it was appropriate corporal punishment.

In Thompson v. Koontz, the case involved a mother who whipped her son with a belt because he did not bathe himself properly. Again, the Court found that it was appropriate corporal punishment. The Court stated, “The ultimate question that is presented to the Court in these cases is a rather difficult question and it becomes a determination of severity, how severe was the use of corporal punishment?

So, in Ohio, the line between appropriate corporal punishment and illegal child abuse remains vague. The test requires a case by case analysis of the circumstances of the punishment and the severity of the physical actions taken. If there is any question whether something rises to the level of abuse, the parent, caregiver, or other person should follow the cautious route and avoid the corporal punishment. This may avoid criminal prosecution and the involvement of Ohio authorities. More importantly, the safety and well being of the child should be the primary goal rather than the desire of a parent or caregiver to teach a child a lesson and to show who is the boss.

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

Parents and caregivers in Alabama and Other States send their children to child day care to get supervision and care in a safe living environment. Child day care staff should be caring and diligent in their responsibilities. Pursuant to the State of Alabama - Minimum Standards for Child Day Care Center - Regulations and Procedures, a child day care center is prohibited from the following types of disciplinary practices:

The use of any form of corporal or physical punishment is prohibited. What is corporal or physical punishment? This would include spanking, kicking, pushing, biting, pinching, shaking, hitting, thumping, hair pulling, ear pulling, and any other type of physical act like these whether or not visible injury results or not.

The use of verbal abuse is also prohibited. Physical injuries can produce scars, fractures, and other types of personal injuries. Verbal abuse can also have life long effects on a child as well. What is verbal abuse? This would include name calling, shaming, derogatory or mean remarks about the child or the child's family. It also involves the use of language or words that threaten, humiliate or frighten the child in the day care center.

The use of physical restraint for punishment is also prohibited.

There is also a regulation that prohibits the child day care center from using another child to administer punishment.

Beating, shaming, and restraining are prohibited under Alabama law. It does not matter that the day care worker grew up with beatings, spankings, or beltings as a form of punishment or whether these forms of punishment are thought of as effective. Alabama law prohibits these acts. If a day care or child care worker thinks that spankings are the most effective way to discipline a child in a day care center and then commits these acts, that day care or child care worker needs to find another career and a criminal defense attorney as well.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Charter Bus carrying Boy Scouts from Massachusetts and other buses and vehicles were in an accident on a snowy New Hampshire highway. Officials from New Hampshire reported that a total of 59 vehicles were involved in this accident. Fire Rescue reported that the most common injuries were fractures to ankles and legs. No deaths or life threatening injuries were reported. You can read about this crash at Charter Bus and Vehicles Crash on Snowy New Hampshire Highway.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia and Other States, children are injured in day care centers every day. Some incidents result from normal childhood play and development. Other personal injuries, however, result from negligence and / or the failure of the staff to properly supervise, the infant, toddler, or child in the day care center. Pursuant to Chapter 290-2-2-.10, Record Keeping and Reporting, Rules and Regulations for the State of Georgia, a Georgia day care center must prepare and maintain documentation for incidents requiring professional medical attention (medical care) other than simple first aid by the day care center staff. The documentation for the incident must include the following:

*Name of the child;
*Type of illness or injury suffered or sustained by the child in the day care center;
*Date of the illness or injury in the day care center;
*A description of how the injury or illness occurred or took place;
*Staff present during the injury or the incident;
*Method or manner of notifying the parent; and
*Service or care provided to the child at the day care center.

It is important for the Georgia day care center to follow this regulation so that illnesses and injuries are properly documented to comply with the rules and regulations. It is also important for day care centers to have this information available to discuss the incident with caregivers and parents. Finally, it is important to have this information for State inspectors and regulations for inspections so that government officials can monitor incidents of this nature to make sure that there is not an ongoing or chronic problems with injuries at the day care center. You can read more about the Record Keeping and Reporting Rules and Regulations at Chapter 290-2-2-.10, Record Keeping and Reporting, Rules and Regulations for the State of Georgia,

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother of a five month old was recently given a five year prison term for drowning her own child in Milwaukee, Wisconsin. Arkisha Johnson was brought into a Wisconsin courtroom to receive her sentence. Arkisha Johnson is brought into the courtroom Wednesday for sentencing for drowning her 5-month-old son, Will, last year. This is a tragic story for the mother, child, the family and the community.

Arkisha Johnson was well known to be emotionally troubled by the State of Wisconsin Welfare System. As such, caseworkers knew or should have known that placing any child, especially a 5 month old, in her sole care and custody created a dangerous situation for the child. According to an investigation, caseworkers were aware of Ms. Johnson's instability and had been instructed not to leave the baby (Will Johnson) with her unless she was stable and taking all of her medications.

During the weeks prior to the drowning death of Will Johnson, Ms. Johnson was increasingly erratic and suicidal. It is unclear from newspaper reports what efforts (if any) the caseworkers took to determine if Ms. Johnson was stable and taking her medications. Of course, the worst thing that a caseworker can do is assume that everything is fine. Based on Ms. Johnson's troubled history and mental condition, would it be reasonable for a caseworker to assume that the child is in no danger if left alone with this woman? How much time if any was spent interviewing or speaking to Ms. Johnson prior to the fateful day that Ms. Johnson killed her child? What questions were asked?

The case of Will Johnson and other incidents involving other children have called into serious question the conduct, action, policies and procedures of Bureau of Milwaukee Child Welfare System and La Causa, a private child welfare agency.

In Wisconsin and other states, a test and license are required to operate a motor vehicle on the roadways. Those who fail the test or who do not have a license are not permitted to drive. Parents, on the other hand, do not typically take a test or need a license to have or care for a child. When a parent exhibits behavior or conduct that calls into question his or her ability to parent, Wisconsin and other States have a duty to step in to protect the child. In the case of Will Johnson, it appears that the State of Wisconsin and the La Causa dropped the ball in protecting this child.

You can read more about this story and other problems within the Milwaukee, Wisconsin child welfare system at Milwaukee Woman Gets 5 Year Prison Sentence for Drowning Death of 5 Month Old Son.

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

Working parents in Alabama and Other States need child day care centers to watch and supervise their children in a safe, healthy living environment. Raising young children and holding down a job can be very stressful for parents especially when the supervision of their children is out of their control for the better part of the work day. The State of Alabama - Department of Human Resources recognized the special needs of infants and toddlers in day care centers. As such, the Department of Human Resources set forth specific Minimum Standards for Child Day Care Centers for the care and supervision of Infants and Toddlers. These regulations and procedures include the following:

*Infants / toddlers shall be encouraged and supervised with the playing with a variety of toys;

*Infants / toddlers shall be given time outdoors (weather permitting) as part of the daily program at the child day care center;

*Infants / toddlers shall be given time for freedom of movement (outside of their cribs) in an open, safe and uncluttered space in the child day care center;

*Infants / toddlers shall be handled "gently". Rough or harsh handling is prohibited the Department of Human Resources Regulations and Procedures. Staff are also prohibited from shaking, lifting, or jerking either arm. Staff shall not lift, force, or move a child by grasping or grabbing clothing.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A 6 year old elementary school student in Victorville, California brought a gun to school in his pants. He was sent to the school office for sagging pants. While in the school office, the gun slipped down the student's pant leg while a school clerk was helping him put on a belt. The 6 year old was suspended by the school due to the zero tolerance weapon policy. The boy took the gun from his father, Michael Lewis, who was later arrested for receiving stolen property and possession of a firearm by a felon. You can read about this story at 6 Year Old Student Brings Gun to School in Victorville California.

It is extremely dangerous for any child to have his or her hands on a gun without proper adult supervision. This child brought a gun to school which could have resulted in any number of tragic and deadly situations. While nobody was harmed when this child brought the gun to school, the lack of personal injuries or wrongful death in this California elementary school does not in any way diminish the importance of keeping guns locked up and away from the use and possession of young children.

Pursuant to Section 626.9, California Penal Code, it is a felony to bring a gun onto school grounds since it is a violation of the California Gun-Free School Zone Act of 1995. You can read more about this important law at the California Gun-Free Zone Act of 1995.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Alaska State Trooper and other search teams have been investigating the disappearance of two teens, Rondy Lamont (age 17) and Matalena Tinke (age 14). The two teens were on a snowmachine heading home to Pitka's Point, Alaska from St. Mary's, Alaska. The search revealed fresh snowtracks from a snowmachine leading into the an area where the Andreafsky River meets the Yukon River. The search continues for the teens and the snowmachine but it is feared that they died when the snowmachine went into the icy waters.

Cold weather and the elements bring children out for sport and adventure in many states including Alaska. It also brings with it dangers of unsafe roads, trails, and weak grounds leading into icy waters and other perils.

You can read more about this story at Search for Missing Teens in Alaska - Tracks Discovered Near Icy Waters.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Ohio children are entitled to live in a safe environment free from child abuse and neglect. This same concept applies to children who are being cared for in schools, day care centers, children care centers, churches, summer camps, and foster homes. Corporal punishment or physical punishment can often times be defined or qualify as abuse and neglect of the child. An important legal issue in Ohio and other States is
what level of corporal punishment is appropriate under the law. The key language under the Ohio Revised Code O.R.C. Section 2919.22 - Endangering Children provides that children should not be subject to corporal punishment or physical discipline or physical restraint for a prolonged period that is excessive under the circumstances and creates a substantial risk of serious physical harm or personal injury to the child. This statute is subject to interpretation by case law and situation. Child safety by parents, care givers, teachers, and others should be a primary concern. If there are doubts or concerns about the level or type of punishment allowed by this Code section under the law, then the administrator of the punishment, discipline, or restraint should refrain from such activities. Ohio law leaves a door open to corporal, physical punishment and restraint for parents, caregivers, and others who will often times go well beyond what kind of conduct is allowed by law.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Before enrolling a child in a Maryland day care center / child care center, it is important for parents and guardians to research or check out the facility. The Maryland Committee for Children has a website with telephone contact information and instructions on accessing an internet database that can be used to find / locate licensed day care centers in the State of Maryland. Getting the background, history, and license information for a Maryland day care center makes sense. If your child is already in the facility, it also makes sense to find out more information and to update yourself on the child care facility's license and inspections so you know the current status of the facility. You can log in as a user to the web site and conduct searches for day care centers / child care centers at the Maryland Committee for Children - LOCATE - Child Care.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

I found a very helpful and resourceful site called www.kidsandcars.org dedicated to child safety and the prevention of injuries and death from non-traffic motor vehicle related incidents. "Non-traffic motor vehicle related incidents" - What is this referring to? It refers to any incident in which a child is injured or dies involving a vehicle that is not in an automobile accident or crash. This would include but not limited to the following:

a child being left in the car and exposed to the cold (hypothermia) or heat (hyperthermia);

a child being injured by a power window the the child plays with or malfunctions;

a child being choked or strangulated by a seat belt or other object in the vehicle; and

drive way injuries and deaths including back over injuries and deaths.

I recommend that you take a look at www.kidsandcars.org and get informed of the dangers of vehicles to children and what can be done to help prevent these injuries. Whether you are a parent or not, this resourceful web site and the many tips in it can help protect children from serious injuries and death resulting from non-traffic motor vehicle related incidents.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia and Other States, children in day care centers as well as homes and elsewhere suffering personal injuries and, in some instances, even death from unsafe or broken toys. In light of these days, the Georgia Department of Human Resources - Department of Family & Children Services enacted regulations for Toys for Children in day care centers. There is a specific section on Toys for Children Under the Age of 3 due to the increased risk of choking and other problems with toys for children in this age range. Pursuant to Chapter 290-2-2-.12 (ff), Physical Environment and Equipment, Rules and Regulations for the State of Georgia, all toys used (played with) by children under the age of three shall be:
*Easily cleaned by the staff at the day care center;
*Free from toxins and lead free (Day care centers should be on the look out for tainted toys. There were many lead based toys imported from China over the past few years);
*Free from sharp edges, pieces, and points that could be removed by a child;
*Large enough to prevent swallowing and related episodes of choking and asphyxiation;
*Free from rust; and
*Dutifully cleaned with a disinfectant daily.

These regulations make sense and are in place for the safety and protection of a child. These regulations can be challenging to some day care center that have a variety of age ranges in the day care center and that fail to segregate or separate the toys so that the young children are not exposed to nor have access to unsafe toys for their age range.

You can read more about the rules and regulations for toys in Georgia day care centers at Chapter 290-2-2-.12 (ff), Physical Environment and Equipment, Rules and Regulations for the State of Georgia Chapter 290-2 - Rules and Regulations for the State of Georgia - Department of Human Resources - Family & Children Service - Child Care Institutions.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Ten years ago, Adam Herrman was an 11 year old boy living in a mobile home park in El Dorado, Kansas. He was previously in the foster care system and then adopted when he was 2 1/2 years old by Doug and Valerie Herrman. Adam disappeared when he was 11 years old but it was not reported to authorities by his adoptive parents, Doug and Valerie Herrman. According to the Herrman's attorney / lawyer, the Herrmans did not harm the child and only violated the Kansas law of failing to report that he was missing. A search of the area and association will be performed by law enforcement authorities. Adam Herrman is 21 years old if he is still alive today. You can read at Search / Investigation for Kansas Boy Missing for 10 Years.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi, Child care centers / day care centers are regulated by Title 15 - Department of Health - Part 111 (Office of Health Protection - Subpart 55 (Child Facilities Licensure). Pursuant to Regulation 106.01, the day care center / child care center has duty to report "serious occurrences involving children". What is a serious occurrence? Under the regulations, a serious occurrence is an accident or incident requiring or involving extensive medical care, hospitalization; death, criminal arrest, alleged abuse or neglect; fire or other emergency type situations. The facility has a duty to orally notify the parents, enter the information / details into the child's record for the day care center / child center, and to contact the Mississippi Child Licensing Agency.

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Athens, Georgia, a University of Georgia college student took partying just little bit too far. She went to a party, got drunk and then did something stupid - like getting behind the wheel of a car. She drove to a stop sign and stopped. She was following the traffic sign but when she stopped - she passed out. Undoubtedly, this college student put her life and the lives of other college students, adults, and children at risk by driving her car in such a condition. There is a high risk of injury and death to driver, passengers, and others when drunk drivers are on the road. Being in college and having a good time is no excuse at all for such conduct. You can read about this story at Drunk University of Georgia Co-Ed Passes Out at Stop Sign.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maryland child care centers, it is vital that the child care center have adequate and appropriate staffing in place to properly supervise the children in the facility. Like other States, Maryland has staff ration requirements set for in the child care / day care regulations. Pursuant to Title 13 A State Board of Education - Child Care Centers - Group Size and Staffing - Regulation 13A.16.08.03, a child care center must maintain the following staff to child ratios:

Children Ages Staff to Child Ratio Requirement
Infants 1 Staff Member for Every 3 Children
Toddlers 1 Staff Member for Every 3 Children
2 Years Old 1 Staff Member for Every 6 Children
3 or 4 Years Old 1 Staff Member for Every 10 Children
5 Years Old and Older 1 Staff Member for Every 15 Children

The above ratios may be affected by groups of different aged children. There are limits of what groups can be mixed and the number of children in each group. You can read about the various combinations of ages and groups allowed by reviewing the Group Size and Staffing Regulation.

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

In Alabama and Other States, staffing ratios or staffing requirements are set forth in rules and regulations promulgated by the State to insure adequate staffing of the facility and supervision of the children in the day care center. The Department of Human Resources for the State of Alabama clearly sets forth Minimum Standards for Child Day Care Centers including Staff Requirements as follows:

For Children Ages Zero to 18 months
1 Staff Member for Every 5 Children;

For Children Ages 18 months up to 2 1/2 years
1 Staff Member for Every 7 Children;

For Children 24 months up to 36 months;
1 Staff Member for Every 8 Children;

For Children 2 1/2 years up to 4 years;
1 Staff Member for Every 11 Children;

For Children 4 years up to School Age
1 Staff Member for Every 18 Children;
(School age means children enrolled in public or private school.)

For Children School Age up to 8 years
1 Staff Member for Every 21 Years;

For Children 8 Years and Older
1 Staff Member for Every 22 Children

There are some changes in the formula when different age groups are mixed or grouped together. The staffing ratios are minimum requirements. In other words, a facility can employ more staff for supervision of the children according the facility and the needs of the children. It is important for the staff to be in place at the facility but also to do the job of caring for and supervising the children in the Alabama child day care center. Adequate staffing and supervision can help reduce the incidents of child personal injuries and accidents in the child day care center.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

Each week in Atlanta, Georgia, people are injured on escalators—often those people are children. While recent reports have blamed the popular soft-sided flexible clogs worn by children, escalator injuries are an ongoing problem that did not begin with the advent of the suspiciously ugly shoes. While the escalator industry has voluntarily created new standards for reducing the size of the gap between escalator steps and the escalator wall, these new standards do not have any impact on escalators built before 2000.

Meanwhile, children continue to suffer dangerous entanglement injuries in Georgia escalators. In the summer of 2008, a three year old child’s foot was sucked into the gap at the side of the escalator in a MARTA station. The child’s foot was mangled, leaving nothing but a nub where her small toe should be. There have been at least seven cases this year in Georgia involving children’s feet becoming entangled in escalators.

To prevent personal injuries like these to your child, keep feet away from the sides of steps where entrapment can occur. Learn the location of escalators' emergency shut-off buttons in case you need to stop the machine in an emergency. The emergency shut off switch is usually at each end of an escalator. Make sure shoes are tied and that clothing doesn't drag onto escalator stairs. Always hold children's hands and do not allow them to sit or play on escalators. Malls should be places of shopping not places of serious personal injuries to children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A St. George, Utah man was recently sentenced to life in prison without parole. Marc Clifton Bryant was convicted of the heinous crime of rape and torture of a 16 year old girl with a screwdriver and a blow torch. What a deviant! Mr. Bryant was convicted and sentenced in absentia. In other words, he did not attend the trial because he had fled the State but was later arrested in the Jacksonville, Florida at a Golden Corral after his crimes and the case was reported on America's Most Wanted. You can read more about this story at St. George, Utah Rapist Sentenced to Life in Prison Without Parole. This story was reported at the Salt Lake City (Utah) Tribune website at Rapist Gets Life in Prison Without Parole.

The rape, molestation and torture of this teenager certainly has resulted in lifelong physical as well as emotional scars on this teenager. It is most unfortunate that people like Mr. Bryant continue to inflict their will and deviant acts on child victims.

By Brooks P. Lynn, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Sophia Worsham of Denton Texas died at a home based day care center in Denton recently. The Texas day care center / child care center (Too Kool 4 School Kids Club Day Care) had a license for a capacity of 12. According to news reports, there were 30 children in the facility at the time of Sophia's death. The Tarrant County Medical Examiner will conduct an autopsy to determine the cause and manner of death.

A child care worker noticed Sophia on the ground and was limp and not breathing. There are more questions than answers at this time regarding the untimely death of this 4 month old child. The investigators, medical examiner and the state child welfare agency will likely consider the following:

Did the child have any special medical needs?

Did the child have any special dietary needs?

Was there any objects blocking the child's airway?

Did the child have any known allergies?

Was there any trauma to the child externally or internally as detected on autopsy?

What was the approximate time of death?

Were there any actions or interventions by the day care center staff that could have prevented the injuries? medical condition? death?

The purpose of license restrictions as to capacity / number of children in the facility is to promote safety the children. Adequate staff to children ratios are important for adequate, appropriate, and consistent supervision of the children. This especially applies to infants and toddlers being cared for in a Texas day care center / child care center.

You can read more about this tragic story at Infant Dies in Overcrowded Denton, Texas Day Care Center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A cold front went through the Upper Mid West including States like North Dakota and South Dakota. Many schools were closed in the Dakotas as well as other States like Iowa, Minnesota, Kansas, and Missouri. The temperature in Grand Forks, Dakota dropped to a record low of 37 degrees below zero which beat the prior record set in 1979 according to the National Weather Service.

Icy, snowy, and weather conditions like these make for dangerous roads for drivers and passengers. Schools and business shut down because roads are not drivable or are just too dangerous for safe travel. You can read more about these frigid weather conditions at Shock Cold Waves Shocks Upper Middle West - Schools Close Down.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maryland and Other States, children suffer serious personal injuries every day because a day care center / child care center is not properly maintained. Buildings and the general facilities are often times become run down or are already in a poor condition. As a result thereof, child are injured. Pursuant to Title 13 A State Board of Education - Child Care Centers - Regulation 13A.16.05.01, a child care center has a duty to provide and maintain a soundly constructed building or facility that is in good repair. The child care center must be clean and free from the infestation of insects and rodents. The child care center must also be free from safety hazards.

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

In Alabama, child day care centers are classified in one of two groups: Licensed or License Exempt. All centers, under Alabama law, that require a child day care license must be licensed by the Department of Human Resources. Child day care licenses need to be renewed every two years. The Department of Human Resources sets for minimum standards to qualify for a license. Once a license is approved, child day care centers must remain in compliance with these licensing regulations.

As part of the Department of Human Resources, the Child Care Services Division - Office of Child Care Licensing has the responsibility of licensing the facilities, visiting the facilities to verify compliance with child day care centers, and investigating allegations or incidents of non compliance with both licensed and license exempt (church) child care centers. You can access the Official Website for the Department of Human Resources for more information at Licensing Overview for Alabama Child Day Care Centers.

Compliance with State of Alabama rules and regulations for child day care centers is important from both a licensing and a safety standpoint. While compliance cannot completely avoid child personal injuries from happening at Alabama facilities, compliance can hopefully reduce the incidence of these injuries.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia, rules and regulations are in place for the set up, supervision, and maintenance of playground equipment for Georgia Day Care Centers. The purpose of these rules and regulations is to promote safe play and ongoing supervision so as to limit or prevent child injuries that often take place when children play on playground equipment. Pursuant to Chapter 290-2-2-.12 (aa) (8) & (9), Physical Environment and Equipment - Rules and Regulations for the State of Florida, day care centers need to arrange outside playground equipment so that supervision of the children is not obstructed. The Georgia legislature recognizes the importance of supervision. If equipment prevents or obstructs proper, close supervision, then the facility may not be in compliance with these Georgia rules and regulations. Climbing and swinging equipment, like ladders, monkey bars, and other equipment, shall be properly anchored and shall have a resilient surface beneath the equipment and the fall zone that is adequately maintained. In addition to the above, day care centers should make sure that swings, ladders, slides, and other playground equipment are free from litter, sharp edges, and other hazards. Playground equipment can rust and become deteriorated over time. As such, it is important for a day care center to institute and follow a maintenance and inspection program to make sure that the playground equipment is safe for continued use and free from hazards. You can read about the rules and regulations at Chapter 290-2-2.12 (aa) (8) & (9), Rules and Regulations for the State of Georgia.

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

The Alabama Safety Belt Use Act of 1991 (“ASBUA”), codified at 32-5b-1, is Alabama’s primary law that governs safety belt use. This law requires every adult front seat occupant of a passenger car to have a safety belt fastened to their body while the vehicle is in motion. “Adult” was emphasized because Alabama law imposes a different set of requirements on the parents of small children riding with them in a vehicle. This makes perfect sense. Because a child’s body is significantly smaller in size and weight, it cannot be properly restrained by the same safety belt intended for a full grown adult. To make matters worse, fastening a child in an adult restraint could cause even more severe bodily harm / personal injuries to a child in an automobile accident. For these and other reasons, Alabama’s primary safety belt law refers us to a completely different code section at 32-5-222 which specifically governs child safety restraints. You can read this code section and others at the Official Site for the Code of Alabama.

Because we live in a potentially hazardous world, we are all taught at a very young age how to avoid danger and bodily injuries. “Look before you leap.” “Look both ways before you walk across the road.” “Don’t run with scissors in your hands.” All of these little reminders stick with us to promote our safety, but early on in a child’s life, a big part of a parent’s job is to take certain safety measures into their own hands in addition to teaching children about safety. This article was written in order to introduce parents to the specific laws that require Alabama parents to ensure their childrens’ safety while riding in a motor vehicle.

Parents should follow the seat belt laws for a variety of reasons. Furthermore, whether or not a State has a seat belt law or not, parents should use seat belts / safety belts for themselves and be consistent about the use of child safety and child booster seats.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A nationwide study recently reported Mississippi with the highest teen pregnancy rate in the nation. As compared with a national average, Mississippi's teen pregnancy rate was 60 % higher. The study reviewed birth certificates for each State. Over 400,000 births were to mothers ranging from age 15 through 19. You can read more about these and other statistics at Teen Pregnancy Rate - Mississippi Leads the Nation.

Teen parents often times face the challenges of high school education and new parenting at the same time. In addition, many teen parents (like other new parents) face economic challenges that make the care of the child even more challenging. It is important to have supportive families both emotionally and financially when a teen has a child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tacoma, Washington, a 6 year old boy -Sebastian Hizey - died when parts from a red monster truck came flying into the stand and hit the little boy. Another spectator was injured as well. The monster truck was spinning around doing donuts when parts flew 30 to 50 feet beyond and over safety barriers into the stands.

The boy's father, Jessie Hizey, was interviewed by the press and stated that a Frisbee sized piece of metal came flying into the stands and hit his son. Tragically, the hold incident unfolded right before the eyes of Sebastian's father.

There are other monster truck shows that are scheduled for the Tacoma Dome that will be going forward with the events. The promoter of the event, Feld Motor Sports, promised more inspections of trucks in monster truck shows and stated that the truck involved in the incident would be withdrawn.

Safety precautions are important for any monster truck show. Barrier should be erected to provide a shield and safe distance for spectators like the Hizey family. Furthermore, there should be a safety inspection and checklist for every truck entering the event. Questions arise from this incident as to what safety precautions were taken as to the red monster truck and others that were involved in the monster truck show. In particular it would be helpful to know the following:

Who owned the red monster truck involved in the incident?

What modifications were made to the red monster truck?

What repairs were made to the red monster truck over the past year?

What inspections were completed or required by Feld Motor Sports and / or the Tacoma Dome?

Many events print a disclaimer or release on the ticket as to injuries taking place at public events like monster truck shows. Some courts have upheld such releases or disclaimers and many courts have stricken such disclaimers or releases as against public policy. This is especially true when dealing with injuries to innocent children.

In addition to police and authorities charged with the responsibility to conduct an investigation into this death, the family has the right to retain its own attorney / lawyer as well as its own investigators including engineers, mechanics, and accident reconstruction investigator to conduct an private investigation into this matter.

You can read more about this story at 6 Year Old Boy Dies as Monster Truck Event in Tacoma, Washington.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Children in Maryland day care centers / child care centers should be protected from all hazardous items inside and outside the facility. Pursuant to Title 13 A State Board of Education - Child Care Centers - Regulation 13A.16.10.04 - a child care center shall keep potentially hazardous items away from the reach of children. Harmful or potentially hazardous items include petroleum, gasoline, oil, and other flammable products. Cleaning agents like ammonia, bleach, and detergents need to be stored out of the reach or accessibility of children in the child care center. Poisonous items should be stored away from children and clearly labeled. The clear labeling of poisonous items will help prevent mistakes being made in the child care center as to these items. Firearms are prohibited from child care centers unless the child care center is located in a home. Even then, there are certain restrictions and regulations for the storage of a firearm in the home.

The purpose of these and other Maryland regulations is to protect children in child care centers from the real hazards and risk of personal injuries and deaths from hazardous conditions / products.

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

In Wisconsin, day care centers / child care centers are licensed by the Wisconsin Department of Children and Families. The Department also known as DCF has promulgated or put in place rules and regulations for each type of facility: Family Child Care Centers, Group Day Care Centers, and Day Camps. It is helpful to review the applicable rules and regulations to make sure that the child care center is providing the necessary care and supervision of your child in the day care setting according to the standards set by the Wisconsin Department of Children and Families.

When a child is injured in a child care center, it is often times difficult for the family to get information or to understand how or why the injuries took place. Did the facility follow the guidelines? Was my child provided with a reasonably safe and appropriate child care environment? Were the injuries preventable with better care, supervision or maintenance of the facility? These questions and others are all pertinent questions when a child is injured in a Wisconsin child care center / day care center. A Wisconsin child injury lawyer can assist the family of a injured child in a child care center review the incident report, rules and regulations, medical records, and medical bills to determine the appropriate legal course of action.

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

In Alabama and other States, children are injured in day care centers every day. Many of the personal injuries take place outside and in the playground area. The State of Alabama - Department of Human Resources - Minimum Standards for Child Day Care Centers - Regulations and Procedures - sets forth minimum safety requirements for playgrounds located at child day care centers.

Many injuries take place when a child falls off playground equipment. Some injuries occur when playground equipment tips over because the playground equipment is not anchored or in the alternative the playground equipment is not properly anchored or maintained. In light of these dangers, the Alabama Department of Human Resources set forth the following regulations and procedures:

*Concrete or asphalt surfaces shall not be used under playground equipment
(There is an exception for wheeled toys);

*The child day care center should make sure that the outdoor play area is well drained;

*Playground equipment that is permanent in nature shall be securely anchored so that the equipment cannot be tipped over by the force of an adult; and

*Outdoor stairways or steps shall have a child accessible handrails for safety.

Playground personal injuries to children in Alabama child day care centers can be avoided with the implementation of these safety measures. It should also be pointed out that these safety measures, regulations and procedures are the prescribed minimums for Alabama child day care centers. Even if the regulations and procedres are followed, an Alabama child day care center can also be held liable for personal injuries to a child / student if the facility or an employee was negligent in maintaining the playground environment or was negligent in the supervision of a child at the day care center. All Alabama child day care centers should follow the applicable regulations and procedures, provide diligent supervision, and use some common sense when caring for children in a day care center.

Watching a child in a day care center, child care center, or school requires that the child care worker be alert, awake, energetic, and diligent. Alcohol and illegal drug use certainly interfere with a person's faculties to drive, make decision, and, yes, watch children. Most states have laws in place for day care centers and schools that prohibit a person from being under the influence of alcohol or illegal drugs when caring for children. In addition to the laws being in place, it is just common sense. Outside of the day care and school settings, some parents, caregivers, and adults often times drink excessively around children which also puts children at risk. It is just best to avoid alcohol and drugs during or near the time that a person is responsible for the supervision of a child.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Maryland has day care centers and child care centers throughout the State. The State Board of Education sets forth standards for day care centers / child care centers pursuant to Title 13 A State Board of Education - Child Care Licensing. Under Regulation 13A.16.05.12. 12, the State of Maryland sets minimum standards for Outdoor Play or Playground areas. In particular, a day care center / child care center shall have an outdoor play area (playground) that is adjacent or easily accessible to the center providing ample play space. Each day care center / child care center must keep the outdoor play area free from hazards that may cause personal injuries or danger to the child. Hazards would include broken fences, broken playground equipment, unprotected or unfenced waterways, holes in the ground, glass or other sharp / dangerous objects, and poison ivy. Many injuries to children in Maryland can be avoided with good and consistent maintenance and supervision of outdoor play areas / playgrounds.

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

The Wisconsin Department of Children and Families published helpful tips on Choosing a Child Care Center / Day Care Center. The tips should be considered and utilized by parents in selecting a child care center / day care center. Unfortunately, children are injured every day in day care centers in Wisconsin and throughout the United States. Carefully selecting a day care center may help reduce the risk of injury to children in day care centers. Just because a facility has passed inspection and has no violations does not guarantee your child's safety; however, it is one indication or factor to use when selecting a day care center.

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

In Alabama and Other States, children suffer personal injuries inside the child day center from unsafe furniture and poorly maintained equipment and surroundings. A broken chair or desk can cause serious personal injuries to the child who lacks the judgment, experience and knowledge to appreciate the dangers. The Department of Human Resources sets Minimum Standards for Child Day Care Centers for furnishings / furniture and equipment. According to these Regulations and Procedures, a child day care center shall make sure that furniture and equipment is appropriate for the age and size of the children. In addition, furniture and equipment shall be maintained in a clean and safe condition and shall be free from sharp, loose or rusty parts. The equipment and furniture shall be of the type that can be kept clean. Small parts or removable small parts shall be kept away from infants and toddlers who tend to put these small items in their mouths. It is interesting to note that children's desks or student desks are prohibited in child day care centers. Children's desks or student desks are the built in all in one units. This makes sense as small children may get caught or stuck in such a desks or injured from the closable tops to such desks.

Safe and well maintained furnishings, furniture, and equipment can help prevent serious personal injuries to children in an Alabama child day care center. Day care facility staff members should be on a constant look out for any item whether it is a table, chair, window blind, refrigerator, door, window, or anything else that may pose a danger to any of the children in the child day care center.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia and other States, day care center rules and regulations provide for specific provisions for outdoor play areas. Children in day care centers want and need a safe outdoor play environment during the extended time periods that the child is under the care of the day care center. Pursuant to Chapter 290-2-2-.12 (aa), Physical Environment and Equipment - Rules and Regulations for the State of Georgia, a day care center must provide an outside play area as follows:

*The outside play area must be 100 square feet times 1/3 of the center's licensed capacity for children;

*The outside play area must provide for 100 square fee of space available for each child occupying the outdoor play area;

*The outside play area must be safely accessed by the children from the day care building;

*The outside play area must be protected from traffic and other hazards by a four foot high or higher fence or other barrier approved by the Department of Human Resources;

*Fences and other barriers should be kept closed except when entering and exiting.

The purpose of the above rules and regulations is to make sure that the play area is large enough to allow for safe play by the children. Fencing makes sense to keep the children from wandering and to keep the children from going to unsupervised parts of the day care center. You can read more about the outside play areas and other parts of a day care center at Rule 290-2-.12 Physical Environment and Equipment - Rules and Regulations for the State of Georgia.

While complying with regulations will not guarantee an incident or injury fee day care center, compliance can help reduce the incidents of personal injury to children in day care centers in the State of Georgia and other States.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Babysitting can be a dangerous job. Just ask Nathan Beavers who was shot by a 4 year old he was babysitting in Jackson, Ohio. The 4 year old Ohio boy got upset because the babysitter accidentally stepped on the foot of the 4 year old. Apparently, there was a shotgun that was accessible to the 4 year old and he shot the babysitter. While the wounds were described as minor in a news report, it is quite troubling that the 4 year old had access to the shot gun, a weapon that could certainly inflict serious bodily injuries and death upon a victim. You can read about this story at 4 Year Old Shoots Babysitter and Another Teen in Jackson, Ohio.

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

In Wisconsin, there are hundreds of day care centers. Parents and caregivers can look up information regarding a day care center and access important rules and regulations as to day care centers by accessing the State of Wisconsin Department of Children and Families Web Site. The database provides parents, caregivers and others important information regarding the day care centers / child care centers including name, owner, licensee, type of license, address, telephone numbers, hours of operation, and, most importantly, the history of compliance / inspections with the Wisconsin Department of Children and Families.

It is important for child care centers / day care centers to comply with Wisconsin's child care center rules and regulations. Many incidents and personal injuries to children take place in child care centers when these rules and regulations are violated. Child safety should be a paramount concern for all child care center operators in Wisconsin.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care centers / child care centers are regulated by Title 13 A - State Board of Education Subtitle 16 Child Care Centers. Child care is defined as the care of supervision of a child in Maryland during times that the parent has given or permitted the child's care to another for a portion of a 24 hour day. The Maryland regulations stated that child care does not include group lessons or classes like piano lesson, karate lessons, etc. . . unless the lessons are provided as a pattern that indicate that the business is operating as a child care center. Scouting activities (Boy Scouts, Girl Scouts, and other groups) are also excluded as day care centers.

A Child Care Center in Maryland is defined as an agency, institution, or establishment that provides child care to children for all or part of a 24 hour day and at least twice a week for children who do not have the same parents.

You can read more about the definition of child care centers and child care center regulations in Maryland at Title 13 A - State Board of Education - Child Care Centers.

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

In Alabama, child day care centers have a duty to provide children with a safe physical environment as to prevent personal injuries and wrongful death of children in the day care setting. Pursuant to Minimum Standards for Day Care Centers Regulations and Procedures, State of Alabama, Department of Human Resources, facilities have duties and responsibilities as follows:

*Keep the child day care center free from hazardous conditions;

*Keep substances that are flammable, poisonous or otherwise hazardous under lock and key and keep these materials clearly labeled;

*Keep firearms and ammunition out of the facility (exception for law enforcement);

*Equip all stairways with handrails within a child's reach;

*Put safety stickers or other clear markings on sliding glass doors at the child's level;

*Keep medications and drugs under lock / key and keep these items separated from toxic or other harmful chemicals;

*Erect and maintain barriers around radiators, heaters and fans that can be accessed by the children;

*Place and maintain protective coverings over exposed electrical outlets;

*Keep alcoholic beverages, non-prescription narcotics and illegal substances out of the child day care center; and

*Keep smoking and tobacco products off of the day care center premises.

These regulations promote the safety, health, and welfare of children. It is important for every Alabama day care center owner, administrator and employee to know and follow these regulations and procedures as well as the other rules and regulations set forth in the Minimum Standards for Child Day Care Centers. You can read more about these regulations / procedures and others at Minimum Standards for Alabama Child Day Care Centers - Department of Human Resources -Regulations and Regulations.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Mississippi, school bus drivers need to have background checks before they are hired to drive our children. Recently, a school bus driver in Jackson County, Mississippi, had two bus accidents in less than one month. The second wreck caused five children to be hospitalized when the bus ran off the road and overturned. Fortunately, the first wreck involving this same bus driver only caused property damage and no injuries.

According to Superintendent, Barry Amacker, Jackson County Schools are having difficulty filling all the available jobs for school bus drivers. All the students injured in this accident were Vancleave Middle School or Vancleave High School students.

The Jackson County Sheriff, Mike Byrd, indicated the Sheriff’s Office was trying to reconstruct the wreck to determine exactly what happened. The Sheriff indicated that speed might have been a factor in the wreck.

You can read more about the above stories at School Bus Accidents in Mississippi.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Louisiana helicopter heading for an offshore oil platform crashed in a Louisiana marsh leaving eight dead and one injured. It is a tragic incident for those in the helicopter as well as their families. The helicopter was operated by PHI, Inc. News reports state that the helicopter crashed a short time period after take off. The helicopter was operated by two pilots and had seven passengers. The crash took place near New Orleans in a marsh located in the Terrebonne Parish. The seven passengers were employees of two Shell Oil Company contractors as they were traveling to the oil platform. In most States, there are specific laws in place dealing with wrongful death worker's compensation matters. In addition, there may be a third party liability case against the helicopter operators, owners, and manufacturers for the wrongful deaths and personal injuries. The National Transportation Safety Board and other government agencies will conduct an investigation as to the cause of the crash. The NTSB will examine the flight recorders, wreckage, and other evidence and artifacts from this crash.

The victims of this crash were identified as Andrew Moricio, Ezequiel Cantu, Allen Boudreaux, Randy Tarpley, Jorey Rivero, Charles W. Nelson, Stevem Yeltin, Thomas E. Ballenger, and Vyarl W. Martin. The victims were from various States including Louisiana, Florida, Texas, and Alabama.

You can read more about this tragic crash at Helicopter Heading for Oil Platform Crashes in Louisiana.

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

In Alabama and Other States, children suffer personal injuries and in some cases, death, as a result of an incident or accident at a child day care center. In Alabama, a child day care center has reporting and documentation obligations and responsibilities for these incidents pursuant to the Department of Human Resources - Minimum Standards for Child Day Care Centers -Rules and Regulations. In particular, an Alabama child day care center must report within 24 hours any incidents, accidents, or injuries as follows:

any injury that requires professional medical treatment of a child while at the center or while under the care of the center at an off site activity;

any illness occurring or taking place at the facility that required emergency medical care or death;

any death occurring at the facility or during an off site activity while being supervised by the staff of the child day care center; and

any traffic accident with day care center children or students as passengers and the child day care center vehicle or school bus.

There are other documentation requirements but these are the key ones that involve child injuries or medical conditions of the child that require medical care or emergency medical services.

The reporting of these incidents allows the Department of Human Resources - to monitor and review injuries or illnesses taking place at an Alabama child day care center. These incidents are reviewed as part of related investigations and inspections of the Alabama day care center for licensing purposes.

In addition to the above, the Minimum Standards require child day care centers to communicate all illnesses, injuries, and disciplinary problems to the parent or caregiver.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

When choosing a day care center in Mississippi and other States, it is important for parents to research the facility and to find out as much information as possible about the facility. The Mississippi State Department of Health has a very useful website with information about day care center / child care center regulations. In addition, the Department of Health site lets you search a database by county and facility for contact information for Mississippi day care centers / child care centers.

You can research and find day care centers in Mississippi at the Official Web Site for the Mississippi State Department of Health.

Mississippi day care centers / child care centers have a duty to provide a child with a safe and clean living environment. Following the regulations and guidelines set forth by the Mississippi Department of Health cannot guarantee safety at the facility but compliance with these regulations and guidelines can help reduce injuries to children in day care centers / child care centers.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia, day care centers / child care centers have a duty to provide a safe physical environment for the children. These regulations, if followed, help prevent serious personal injuries and death to children in Georgia day care centers. Pursuant to Chapter 290 -2-2.12 (z) Physical Environment and Equipment, a Georgia day care center shall keep the following items / areas locked and away from access from children in the day care center:

1. All potentially hazardous equipment. This would include but would not be limited to garden & lawn tools, maintenance and cleaning equipment, sharp items, sharp utensils, engines, motorized equipment, and other equipment that could potentially harm a child in the day care center;

2. Non food related items under a pressurized container with aerosol dispensing cans. This would include cleaning supplies, deodorant, cleaners, and other items.

3. Flammable Liquids & Materials. This would, of course, include gasoline, oils, paint thinners, chemicals and anything that could ignite or worsen a fire;

4. Corrosive materials. This would include a wide array of chemicals that could harm a child if it came in contact with skin and / or was ingested by the child in the day care center;

5. Cleaning Supplies. This would chroline, detergent, Windex, amonia, and any other cleaning supplies that clearly are not appropriate for the use, play, or ingestion of a child in the day care center;

6. Insecticides. Insecticides can, of course, be highly poisonous and toxic for a child.

7. Poisons. If something does not fit under the above definitions but is poisonous or potentially harmful to the child, it should be kept out of the reach of a child in a day care center;

8. Office supplies. Office supplies can include a wide array of items. Something that seems like a common object can cause personal injuries or death to a child. For instance, the ingestion of a staple or lead can be extremely harmful for a child in the day care center;

9. Industrial sized or commercial buckets of 3 gallons or more and similar items. The purpose of this section is to keep these items away from children. If filled, a child can drown in a bucket of this size. A child can also fall into a bucket of this size and sustain injuries or suffocations. Big buckets and containers of this nature are very dangerous to children and should be secured away from their use, curiosity, and play according to the Rules and Regulations for the State of Georgia.

You can read more about the Physical Environment and Equipment Rules and Regulations for Georgia Day Care Centers at the Official Site for the State of Georgia Rules and Regulations.

It is important for the Georgia day care center to follow the regulations. If there is a question about the regulations and a child injury in a day care center in Georgia, it may be helpful to consult with a Child Injury Lawyer to determine rights, responsibilities, and causes of actions for such an injury.

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

Children, special needs adults, and the elderly need proper supervision and assistance especially when they are transported away from their homes and under the care of others. In New York, a special needs 22 year old (Edwin Rivera) was left a bus all night. The 22 year old had cerebral palsy and spent a cold winter's night on the school bus when his caretaker forgot or did not check to see that Edwin Rivera was still on the bus.
Edwin was on the bus for 19 hours with temperatures dropping below 20 degrees.

The bus matron / supervision, 51 year old Linda Hockaday, was arrested for reckless endangerment according to police.

It is so important for caregivers and bus drivers to do a thorough and complete job when leaving a bus in the bus yard, school yard, or elsewhere for the night. Make sure that all passengers are off the bus. Make sure that nothing has been left on the bus that may cause a danger in the morning. Make sure that nothing valuable or important like medications have been left on the bus. Simple actions could have avoided a most frightful and dangerous night for Edwin Rivera.

You can read more about this story at the NBC New York Web Site at Special Needs Student with Cerebral Palsy Left on School Bus.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Getting drunk can literally kill a child. In Indianapolis, Indiana, a mother was sentenced to 15 years of prison for suffocating her child. Police reported that Latasha McMorris (age 25) was found lying on top of 2 year old (Sheldon Bartley, Jr.) after she had passed out in a motel room in Indianapolis, Indiana. Officer reported that bottles of gin and vodka were found in the motel room. McMorris' boyfriend had called 911 about the incident.

Parents, caregivers, teachers, and day care workers should not drink while providing care or supervision of a child. Young children, especially those 2 and under, need diligent supervision to make sure that the child does not harm himself or herself. Sheldon Bartley, Jr. was unable to protect himself or understand the dangers of being near an intoxicated person. It is a sad ending to a life and a very poor example of parenting.

You can read more about this story at Mom Gets 15 Years for Suffocation Death of Indianapolis, Indiana Toddler.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Alex Angulo was one of thousands of children placed in a foster care by the Illinois Department of Children and Family Services. Recently, Alex was mauled to death by a family Rottweiler who was kept in the backyard. According to news report, the plan by the foster parent was to keep the dog outside and keep the child away from the dog. This poor plan obviously did not work and this child was mauled to death in the back yard while his caregiver was using a snow blower in the front yard. According to Cook County Public Guardian Robert Harris - the plan of keeping the dog away from the child was insufficient.

It appears that the ongoing presence of the dogs including the Rottweiler on the property posed a risks to small children like Alex. People become quite attached to their pets and they become part of the family; however, legally dogs are property and not legal family members in any sense. The health, safety, and well being of every child including those in foster care are paramount and superior to any desire to keep a pet. While the dog may have been confined to outside living arrangements, this was not enough to properly protect Alex from the real dangers of having a dangerous dog on the property. You can read more about the developments on this story at Chicago Illinois Department of Children and Family Services Knew that Child Lived with Rottweilers.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

Georgia Child Day Care / Child Care Centers are regulated by Georgia Law under Chapter 290-2 - Rules and Regulations for the State of Georgia - Department of Human Resources - Family & Children Service - Child Care Institutions. A Day Care Center is defined as any place operated by an entity for pay and group care for less than 24 hours per day for 19 or more children under the age of 18 which involves the transfer of legal custody during the portion of the day which is required to be licensed by the Department of Human Resources. You can read other definitions under Rules and Regulations for the State of Georgia at Chapter 290-2.2-.03 Definitions.

If there is a problem with a day care center or child care center, you can contact the Department of Human Resources - Division of Children and Family Services (DCFS) You can also contact a Child Injury Lawyer for consultation and guidance on day care related matters especially those involving serious personal injury to a child who was under the care of a day care center in Georgia. Day care center administrators and caregivers have a duty to provide a safe and clean environment for infants, toddlers, and children under their care. The safety and well being of the child in the day care setting should be the number one priority of the day care facility.

By Al Thiel, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Religious cult leader Wayne Bent was sentenced to a prison term for sexual misconduct with a female follower. Bent, who is 67 years old, was sentenced to a maximum term of 18 years. At the sentencing hearing, Bent denied that he committed any wrongdoing and claimed that he did not touch any of the girls sexually. A jury concluded otherwise on this case. Of course, the case of Wayne Bent is not the first case that a religious leader has used his position of trust to molest and sexual abuse a child.

You can read more about this story at Religious Cult Leader Wayne Bent Sentenced to Prison Term.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Bellaire, Ohio man, Dimitrios Kriaris, is accused of child abuse and neglect for leaving two small children chained to a tire on a porch. There were also drugs found at the home. Neighbors called local police and reported that two children (ages 3 and 23 months) were being left outside home unattended for long periods of time. The children also became entangled in a dog chain outside. Kriaris was arrested and taken to the Belmont County Jail.

This case is a troubling for many reasons. Children of this age should not be left unattended, outside, or in the presence of drugs and other dangers. Police and the local child welfare agency will conduct an investigation as to the parenting of these children and the environment that the children were living in and are being placed.

You can read more about this story at Children in Bellaire Ohio Found Chained Outside of Home - Father Arrested.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A tragedy took place on the Southwest side of Chicago, Illinois when a 4 year old child (Alex Angulo) was mauled to death by the family's dog. The father was out front clearing out snow with a snow blower when the incident took place. It is believed that one of the family's Rottweilers mauled the child. A father's worst nightmare took place when the father found his child in the backyard following the mauling. Neighbors reported that the dogs were menacing and some were scared of the dogs. Animal control and the Illinois Department of Children and Family Services will conduct an investigation into the facts and circumstances surrounding the death of this child. You can read more about this article at ABC Channel 7 Chicago News - 4 Year Old Mauled to Death by Family Dog in Chicago, Illinois.

This story is tragic and shows the dangers of, yes, even the family pet. While Rottweilers get a lot of bad press for dog bite personal injuries on both adults and children, the breed alone does not determine if a dog bite incident will happen. Other details including physical environment, raising of the dog, and prior incidents of abuse and neglect of the dog also factor into the dog bite incidents. Remember that all dogs even the most tame and loving ones are animals and have built in instincts that can present a danger to children.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

While Georgia’s Recreational Purpose Act is designed to encourage landowners to open up their property to the public for recreational purposes, the law has the effect of shielding landowners from liability for injuries caused by dangerous conditions on their land to children and other victims. This law permits landowners, including state and local governments, to maintain facilities with little regard for the safety of children using facilities such as parks and playgrounds. In a recent Georgia Court of Appeals case, a child was injured on a swing in a park owned by a Georgia city. The swing was installed on a hard surface rather than over a soft, resilient surface as recommended by the manufacture. Further, the city replaced certain parts on the swing with parts that were not recommended by the manufacturer and did not operate properly. Articles in local newspapers discussed dangerous conditions in the city’s parks, including the park where the child was injured. A lawsuit was brought against the city for the child’s injuries.

Under the Recreational Purpose Act, however, the Georgia Court of Appeals held that the city could only be liable for willful or malicious failure to guard or warn against a dangerous condition. In order to recover, the injured child had to show that the city had actual knowledge that the condition involved an unreasonable risk of harm to users. The court found that even though the city has instructions and warnings from the manufacturer about what type of parts to use on the swing was not sufficient to show actual knowledge of a dangerous condition on the part of the city. Because there was not sufficient evidence to establish the city’s actual knowledge, the city won and the child had no source of recovery for his injuries on the city’s dangerous equipment. Collins v. City of Summerville, 284 GA. App. 54 (2007).

Laws and cases like this set a dangerous precedent that does not promote the safety of children. Landowners should have some liability if a child is injured as a result of negligence. As you can see, the laws of Georgia and other States do not always favor the best interest or safety of the child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An Ogden, Utah teenager was beaten by three teeangers and two adults. There was little evidence for the criminal and police investigation until the attackers posted a video of the attack on You Tube. A 15 year old student from Mt. Ogden Utah Junior High was the victim of a beating by Alexandra Gutierrez, Paloma Lopez, and three teenagers from Mound Fort Junior High. The victim was kicked, punched and kneed in her face. The fight was encouraged by others. This is far from harmless fun or a mere school yard scuffle. Serious injuries and even death can result from even one punch or blow to the head.

You can read more about this story and see a video news report of the story at 5 Arrested in Ogden, Utah as a Result of Fight on You Tube.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A study in Cincinatti, Ohio has indicated that obesity surgery may help reverse diabetes in teen. The study was small in nature but produced promising results as to the benefits of obesity surgery and its effects on diabetes in overweight / obese teens. The study was led by Dr. Thomas Inge, a pediatric surgeon at the Cincinatti Children's Medical Center in Cincinatti, Ohio.

Recent studies indicate that about 1/3 of U.S. children are overweight or obese. These studies also show a rise in diabetes among overweight / obese children.

This story was reported by Time Magazine at Obesity Surgery Reverses Diabetes in Teens.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Jersey City Hospital was the site of a tragedy recently. A baby died or was pronounced dead at the hospital. Thereafter, it appears that the baby was thrown out with the trash. New Jersey police then began an investigation to locate the remains by searching through the hospital trash and dumps where the body may have been taken. After a week or searching, the body / remains were never located.
Jersey City Police Chief Thomas Comey suspects that the body may have been incinerated or cremated.

In life and death, there is ceremony that is vitally important for family and religious reasons. A funeral, viewing, eulogy, celebration of life, and honoring of death are important to family members, friends, and community in grief over the death of a child. In Jersey City, New Jersey, these vital ceremonies, services, and prayers were all lost due to the negligence of the Jersey City Hospital and its staff. You can read about this story at Baby Lost / Thrown Out with Trash at Jersey City Hospital.

I have handled Tortious Interference with Body / Corpse Cases in the past. They are interesting, challenging, and, yes, tragic. While there are no physical injuries involved with such a case, the laws of many States including New Jersey recognize that the negligent mishandling of a corpse involves such serious and genunine emotional distress that a cause of action should be recognized. According to the Restatement of Torts (which is a generally body of tort laws and theories that many States have chosen to adopt or follow), a case for negligent mishandling of a corpse may be brought in a civil court since:
1. the negligent mishandling of a body involves a high probability that there will be genuine and serious emotional distress by the family;

2. a hospital, funeral home, government, or other entity responsible for the caretaking of the body can foresee that the loss or mishandling of the body would cause serious emotional distress by the family;

3. just because it is difficult to calculate or determine damages does not mean that the family should not have a cause of action to take to court; and

4. by disallowing such a cause of action would give immunity or free reign to those responsible for making sure that the body is properly handled.

Dealing with a death of a baby is hard enough for a family. When instances occur that a proper ceremony are impossible, the emotional harm is serious, real, and probably permanent in nature.

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

Brittany Zimmeran, a college student who had dreams of being a doctor, called a New York 911 operator as she was being attacked by a stranger. According to a subsequent investigation, the police did not respond to the scene for 48 minutes. By the time police arrived, Brittany had died. Her fiance found her body. The 911 operator claimed that she did not hear anything on the telephone call to 911; however, the tape recording of the call captured audible screams and gasps and what would seem like a struggle on the end of line held by Brittany Zimmerman.

The call was received by Dane County, New York 911. What was heard on the tape seems to be different than what the 911 operator heard on the call. 911 Emergency systems are in place in New York and other States as a means of getting police and medical help in times of an emergency whether caused by an unknown assailant or an automobile accident. If there is any concern whatsoever that someone like Brittany may be in danger of serious personal injury or death, police and emergency personnel should be dispatched immediately.

It is shame that the life of Brittany Zimmerman was lost to a senseless and cowardice act of violence. Some community out there lost a bright young woman who had her sights on helping people in the future by becoming a doctor.

You can read more about this story at Dane County (New York) College Student Dies Despite 911 Call.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Camden Belfield died in July 2008 after touching a light pole at Bartonville Park in Peoria Illinois. The wiring was insufficient and not properly grounded according to an investigation of the incident. It is most unfortunate that 8 year old Camden Belfield died due to inadequate safety measures for the light pole. The incident happened while Camden was playing tag with friends at approximately 9 p.m. at night on July 20, 2008 when he came in contact with the wooden light pole. Apparently, the light pole and its wiring had been deficient since the year it was installed in 1994. The school district owned the property and leased it out to the Limestone Girls Softball Association for its use. A lawsuit was later filed for the wrongful death of Camden Belfield.

As child injury lawyers / attorneys, we have handled eletrocution cases in past involving children. If a school, playground, business, or government knows or has reason to know that children will be in the area, the property owner has a duty to put safety precautions in place to prevent harm or injury to a child caused by electrocution. In Camden Belfield's case, even an unknowing adult could have been electrocuted by the light pole.

Typically, young children do not appreciate the dangers of electricity whether it is in the form of a wire, light pole, generator, transformer, or other equipment. Safety should be a primary concern when constructing and maintaining any electrical equipment. Proper safety measures and precautions saves lives. In many cases, it takes a tragedy like the electrocution and wrongful death Camden Belfield for a city, county, State, business or private property owner to repair or remedy dangerous or hazardous areas. You can read more about the Camden Belfield incident at Illinois 8 Year Old Dies from Electrocution at Softball Park.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Winter weather and big chartered buses can often times be a dangerous combination. In Seattle, Washington, a charter bus crashed through a barrier after it was in an accident with another chartered bus. The buses came close to falling off of a 20 feet embankment. Tow trucks eventually safety removed the buses but it took hours to do so. The buses were carrying 80 young adults from a training program in Moses Lake, Washington. Many of the passengers were taken to a local hospital (Harborview Medical Center) for treatment of minor injuries.

You can read more about this crash at Charter Bus Accident in Seattle Washington Leaves One Bus Hanging Over Freeway.

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

Wisconsin, as does most states, requires that school bus drivers pass a criminal background check prior to receiving a school bus driver's license endorsement. Although Wisconsin allows school bus drivers to have felony convictions, it does provide a detailed list of felony convictions, including convictions for operating a vehicle while intoxicated, which will disqualify a person from being a school bus driver for periods of time ranging from two years to a lifetime disqualification. You can read more about the qualifications for school bus drivers in Wisconsin at the Official Department of Transportation Website for Wisconsin. Federal and State governments establish school bus driver qualifications and standards, and drivers must comply with both the Federal regulations and requirements located at the U.S. Department of Labor Website in addition to any State regulations which exceed the Federal requirements. You should check with your own State's Department of Transportation to determine what State regulations apply to school bus drivers in your state.

While the school district, county, and state have an obligation to make sure that bus drivers are properly qualified, activism and participation by parents and caregivers sometimes make the difference in getting unqualified and / or poor school bus drivers off the road. The focus of any school district whether it is in Wisconsin or other States should be the safety of children. Having qualified and diligent school bus drivers is one safety measure that can help prevent serious child injuries and death.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Going to the movie theater during the holiday break can be deadly. James Joseph Cialella, 29, of Philadelphia, Pennsylvania became upset over noisy movie goers and decided to open fire in the movie theater. Police were called to the theater and arrested Cialella who was carrying a .380 caliber handgun in his pants.

Whether you are in the movie theater, restaurant, city streets or any other place, you never know who you will run into. People have tempers that are quite unpredictable. While events like the Cialella movie theater shooting cannot be predicted, parents with children and others should try to steer clear of stranger and temperamental folks during the holiday season and other parts of the year.

You read more about this story at Shooting at Movie Theatre in Philadelphia Pennsylvania.

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

What are the staffing requirements for Missouri day care centers? Pursuant to 19 Code of State Regulations Section 60.050 - Staffing Requirements, a day care facility has a legal duty to provide supervision and basic care of all children in the day care facility program. In particular, staff members must provide care to promote the health and safety of the children. In addition, staff members shall not be under the influence of alcohol or illegal drugs when providing care for the children. There are specific staff ration requirements set forth by the Missouri Code of State Regulations. The staff ratios are dependent on the age of the children and the number of children in a group being supervised by the day care facility.

You can read the full text of important day care / child care regulations at the Missouri Code of State Regulations - Day Care / Child Care Facilities.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Winter weather brings sub zero temperatures to many parts of the United States including Iowa. In Laurens, Iowa, authorities found a 7 year old walking around in sub zero temperature alone with inadequate clothing. The child was found and put in protective custody. The child had walked at least a half of a mile. The boy was so cold that he couldn't speak. If the boy had spent more time outside, he was at risk for hypothermia and even death. The boy's parents, Eugene and Stacy Lane, were cited for child endangerment by local police and then released. The child now will be subject to proceedings by the State in which the parents will need to appear. I expect that the State of Iowa will require the parents to participate in a parenting plan in order to regain custody of the child unless there are instances of neglect and abuse from this household.

You can read more about this story at Iowa Boy Founding Shivering in Sub Zero Temperatures.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

South Portland Maine firefighters found a mother and her young son unconscious in their apartment apparent victims of carbon monoxide poisoning. A heater used to keep warm after losing power is the presumed cause of the poisoning. Both mother and child initially received treatment at Maine Medical Center in Portland, Maine, but subsequently were transported to a Boston hospital for treatment. Three residents of a second apartment unit complained of headaches and received care at Maine Medical Center. You can read more about the incident at South Portland Maine Mother and Young Son Poisoned by Carbon Monoxide Poisoning.

Carbon monoxide is a poisonous, dangerous, tasteless, and odorless gas. It results from the incomplete burning of fuels that contain carbon such as fuel oil, gasoline, natural gas, kerosene, and wood. Early symptoms of carbon monoxide poisoning include headache, nausea, fatigue, vomiting, dizziness, and shortness of breath. Carbon monoxide poisoning can cause permanent brain damage, heart attack, and death. Infants and children are especially vulnerable to personal injury and wrongful death from carbon monoxide poisoning.

The risk of carbon monoxide poisoning increases in winter months especially during power outages when home residents use gasoline-powered generators and unvented space heaters to provide heat and electricity. A Center of Disease Control (CDC) study of the health effects of the January 1998 ice storm in Norway, Maine (population: 4738) found 101 case of carbon monoxide poisoning. The study is available at the CDC’s website - Incidents of Carbon Monoxide Poisoning.

Carbon monoxide detectors can provide warning of unsafe carbon monoxide levels, but based on a statewide study only 37% of Maine residents have a carbon monoxide detector. The results of the study and suggested ways to prevent carbon monoxide poisoning are available Steps and Precautions to Prevent Carbon Monoxide Poisoning.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An international operation to help rid the world of some child predators and pornographers reeled in 170 people around the world. The operation was called Operation Joint Hammer. 61 of those arrested were located in the United States. It is most disturbing that this is a world wide problem. Many young girls, who were captive victims of sexual abuse, were rescued in this operation.

You can read more about the arrests at 170 People Arrested in Child Porn Sweep.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

You never know who is working in our schools as teachers, administrators, or cafeteria workers. In New Jersey, an elementary school cafeteria worker and playground monitor resigned from her position after there was an uproar in the community about her prior career choices which included being a porn star. The cafeteria worker was formerly known as Crystal Guns, an adult entertainer who has been quite popular on the Internet. She was better known for her porn appearances rather than her serving up of meat loaf in the New Jersey School System. Some parents and concerned citizens raised issues about her working in the school system.

You can read more about this story at Ex Porn Star / Adult Film Star Quits Job as Cafeteria Worker in New Jersey School System.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Police in Richmond, Wisconsin reported that a school bus driver was arrested for intoxication. The school bus driver was transporting 43 children at the time of the incident. In Wisconsin, the legal limit of intoxication for commercial drivers is .04. Fortunately, no children were injured as a result of the bus driver's drinking. It is quite unsettling to read about such a story. The school district rightfully suspended the driver. It is difficult enough to drive a school bus. No school bus driver should ever get behind the wheel while under the influence of any amount of alcohol. It puts our children at undue risk for personal injuries and even death.

You can read more about this story at
>Wisconsin School Bus Driver DUI (Driving While Under the Influence).